Part 14

And be it further enacted, that in order to establish perpetual reconcilement and peace between Great Britain and the aforesaid provinces of North America, it is hereby required, and be it enacted, that all or any article or articles of intercourse and pacification, which shall be entered into and ratified, for the certain term of ten years, as beforementioned, shall from time to time be laid before the two Houses of Parliament, for their consideration, as the perpetual basis of reconcilement and peace between Great Britain and the aforesaid provinces of North America; and that any such article or articles of intercourse and pacification as beforementioned when the same shall have been confirmed in Parliament, shall remain in full force and effect forever.

And be it further enacted, that this act shall continue to be in force until the thirtyfirst day of December, one thousand seven hundred and eightyone.

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TO C. W. F. DUMAS.

Passy, July 26th, 1780.

Dear Sir,

I wrote to Messrs de Neufville by the last post, in answer to theirs of the 14th. I hope they received my letter. It signified, that I could accept the bills drawn on Mr Laurens. I find by a vote of Congress on the 4th of March, that they then stopped drawing, and I am informed no more bills have been issued since. I could not relish those gentlemen's proposal of mortgaging _all our estates_, for the little money Holland is likely to lend us. But I am obliged to them for their zeal in our cause.

I received, and thank you for the protest relating to the election of the coadjutor. You seem to be too much affected with the taking of Charleston. It is so far a damage to us, as it will enable the enemy to exchange a great part of the prisoners we had in our hands, otherwise their affairs will not be much advanced by it. They have successively been in possession of the capitals of five provinces, viz. Massachusetts Bay, Rhode Island, Pennsylvania, New York, and Georgia; but were not therefore in possession of the provinces themselves. New York and Georgia still continue their operations as free States; and so I suppose will South Carolina. The cannon will be recovered with the place; if not, our furnaces are constantly at work in making more. The destroying of our ships by the English, is only like shaving our beards, which will grow again. Their loss of provinces is like the loss of a limb, which can never again be united to their body. I was sorry to hear of your indisposition. Take care of yourself. Honey is a good thing for obstructions in the reins. I hope your health is by this time re-established.

I am less committed than you imagine in the affair between Jones and Landais. The latter was not dispossessed by me of his command, but quitted it. He afterwards took it into his head to resume it, which the former's too long stay at Paris gave him an opportunity of effecting. Captain Jones is going in the Ariel frigate to America, where they may settle their affairs as they can.

The captain commandant of Dunkirk, who occasioned the loss of our despatches, is himself taken by the English. I have no doubt of the truth of what Mr White told you about the facility with which the tax was collected.

The same Baron de Wulffen has not pleased me, having left little debts behind him unpaid, though I furnished him with twenty guineas. As he had been with his brother at Venloo, before he saw you, where he might get money, I wonder at his borrowing of you.

This will be delivered to you by his Excellency John Adams, whom I earnestly recommend to your best civilities. He has never been in Holland, and your counsels will be of use to him.

My best wishes attend you, being ever, &c.

B. FRANKLIN.

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TO THE PRESIDENT OF CONGRESS.

Passy, August 9th, 1780.

Sir,

With this your Excellency will receive a copy of my last, dated May 31st, the original of which, with copies of preceding letters, went by the Alliance, Captain Landais, who sailed the beginning of last month, and who I wish may arrive safe in America, being apprehensive that by her long delay in port, from the mutiny of the people, who after she was ready to sail refused to weigh anchor till their wages were paid, she may fall in the way of the English fleet now out, or that her crew, who have ever been infected with disorder and mutiny, may carry her into England. She had, on her first coming out, a conspiracy for that purpose, besides which, her officers and Captain quarrelled with each other, the Captain with Commodore Jones, and there have been so many broils among them, that it was impossible to get the business forward while she staid, and she is at length gone, without taking the quantity of stores she was capable of taking, and was ordered to take.

I suppose the conduct of that Captain will be inquired into by a Court Martial. Captain Jones goes home in the Ariel, a ship we have borrowed of government here, and carries one hundred and fortysix chests of arms, and four hundred barrels of powder. To take the rest of the stores, I have been obliged to freight a ship, which being well armed and well manned will, I hope, get in safe. The clothes for ten thousand men are, I think, all made up; there are also arms for fifteen thousand, new and good, with two thousand barrels of powder. Besides this, there is a great quantity of cloth I have bought, of which you will have the invoices sent by Mr Williams; another large quantity purchased by Mr Ross; all going in the same ship.

The little authority we have here to govern our armed ships, and the inconvenience of distance from the ports, occasion abundance of irregularities in the conduct of both men and officers. I hope, therefore, that no more of those vessels will be sent hither, till our code of laws is perfected respecting ships abroad, and proper persons appointed to manage such affairs in the sea ports. They give me infinite trouble; and though I endeavor to act for the best, it is without satisfaction to myself, being unacquainted with that kind of business. I have often mentioned the appointment of a consul or consuls. The Congress have, perhaps, not yet had time to consider that matter.

Having already sent you, by different conveyances, copies of my proceedings with the Court of Denmark, relative to the three prizes delivered up to the English, and requested the instructions of Congress, I hope soon to receive them. I mentioned a letter from the Congress to that Court, as what I thought might have a good effect. I have since had more reasons to be of that opinion.

The unexpected delay of Mr Deane's arrival has retarded the settlement of the joint accounts of the commission, he having had the chief management of the commercial part, and being therefore best able to explain difficulties. I have just now the pleasure to hear that the Fier Rodrique, with the convoy from Virginia, arrived at Bordeaux all safe except one tobacco ship, that foundered at sea, the men saved, and I have a letter from Mr Deane that he is at Rochelle, proposes to stop a few days at Nantes, and then proceed to Paris, when I shall endeavor to see that business completed with all possible expedition.

Mr Adams has given offence to the Court here, by some sentiments and expressions contained in several of his letters written to the Count de Vergennes. I mention this with reluctance, though perhaps it would have been my duty to acquaint you with such a circumstance, even were it not required of me by the Minister himself. He has sent me copies of the correspondence, desiring I would communicate them to Congress; and I send them herewith.[23] Mr Adams did not show me his letters before he sent them. I have, in a former letter to Mr Lovell, mentioned some of the inconveniences that attend the having more than one Minister at the same Court, one of which inconveniences is, that they do not always hold the same language, and that the impressions made by one, and intended for the service of his constituents, may be effaced by the discourse of the other. It is true, that Mr Adams's proper business is elsewhere, but the time not being come for that business, and having nothing else here wherewith to employ himself, he seems to have endeavored supplying what he may suppose my negotiations defective in. He thinks, as he tells me himself, that America has been too free in expressions of gratitude to France; for that she is more obliged to us than we to her; and that we should show spirit in our applications. I apprehend that he mistakes his ground, and that this Court is to be treated with decency and delicacy. The King, a young and virtuous Prince, has, I am persuaded, a pleasure in reflecting on the generous benevolence of the action in assisting an oppressed people, and proposes it as a part of the glory of his reign. I think it right to increase this pleasure by our thankful acknowledgments, and that such an expression of gratitude is not only our duty, but our interest. A different conduct seems to me what is not only improper and unbecoming, but what may be hurtful to us. Mr Adams, on the other hand, who, at the same time means our welfare and interest as much as I, or any man can do, seems to think a little apparent stoutness, and a greater air of independence and boldness in our demands, will procure us more ample assistance. It is for the Congress to judge and regulate their affairs accordingly.

[23] These letters will be found in Mr Adams's Correspondence in the month of June, 1780.

M. de Vergennes, who appears much offended, told me yesterday that he would enter into no further discussions with Mr Adams, nor answer any more of his letters. He is gone to Holland to try, as he told me, whether something might not be done to render us less dependent on France. He says the ideas of this Court and those of the people in America are so totally different, that it is impossible for any Minister to please both. He ought to know America better than I do, having been there lately, and he may choose to do what he thinks will best please the people of America. But when I consider the expressions of Congress in many of their public acts, and particularly in their letter to the Chevalier de la Luzerne, of the 24th of May last, I cannot but imagine that he mistakes the sentiments of a few for a general opinion. It is my intention, while I stay here, to procure what advantages I can for our country, by endeavoring to please this Court; and I wish I could prevent anything being said by any of our countrymen here, that may have a contrary effect, and increase an opinion lately showing itself in Paris, that we seek a difference, and with a view of reconciling ourselves to England. Some of them have of late been very indiscreet in their conversations.

I have received, eight months after their date, the instructions of Congress relating to a new article for guarantying the fisheries. The expected negotiations for a peace appearing of late more remote, and being too much occupied with other affairs, I have not hitherto proposed that article. But I purpose doing it next week. It appears so reasonable and equitable, that I do not foresee any difficulty. In my next I shall give you an account of what passes on the occasion.

The silver medal ordered for the Chevalier de Fleury, has been delivered to his order here, he being gone to America. The others for Brigadier General Wayne, and Colonel Stewart, I shall send by the next good opportunity.

The two thousand pounds I furnished to Messrs Adams and Jay, agreeable to an order of Congress, for themselves and Secretaries, being nearly expended, and no supplies to them arriving, I have thought it my duty to furnish them with further sums, hoping the supplies promised will soon arrive to reimburse me, and enable me to pay the bills drawn on Mr Laurens in Holland, which I have engaged for, to save the public credit, the holders of those bills threatening otherways to protest them. Messrs de Neufvilles of Amsterdam had accepted some of them. I have promised those gentlemen to provide for the payment before they become due, and to accept such others as shall be presented to me. I hear, and hope it is true, that the drawing of such bills is stopped, and that their number and value is not very great.

The bills drawn in favor of M. de Beaumarchais for the interest of his debt are paid.

The German Prince, who gave me a proposal some months since for furnishing troops to the Congress, has lately desired an answer. I gave no expectation that it was likely you would agree to such a proposal, but being pressed to send it to you, it went with some of my former letters.

M. Fouquet, who was employed by Congress to instruct people in making gunpowder, is arrived here, after a long passage; he has requested me to transmit a memorial to Congress, which I do enclosed.

The great public event in Europe of this year, is the proposal by Russia of an armed neutrality for protecting the liberty of commerce. The proposition is accepted now by most of the maritime powers. As it is likely to become the law of nations, _that free ships should make free goods_, I wish the Congress to consider, whether it may not be proper to give orders to their cruisers not to molest foreign ships, but conform to the spirit of that treaty of neutrality.

The English have been much elated with their success at Charleston. The late news of the junction of the French and Spanish fleets, has a little abated their spirits; and I hope that junction, and the arrival of the French troops and ships in North America, will soon produce news, that may afford us also in our turn some satisfaction.

Application has been made to me here, requesting that I would solicit Congress to permit the exchange of William John Mawhood, a Lieutenant in the 17th regiment, taken prisoner at Stony Point, July 15th, 1779, and confined near Philadelphia, or if the exchange cannot conveniently be made, that he may be permitted to return to England on his parole. By doing this at my request, the Congress will enable me to oblige several friends of ours, who are persons of merit and distinction in this country.

Be pleased, Sir, to present my duty to Congress, and believe me to be, with great respect, &c.

B. FRANKLIN.

_P. S._ A similar application has been made to me in favor of Richard Croft, Lieutenant in the 20th regiment, a prisoner at Charlottesville. I shall be much obliged by any kindness shown to that young gentleman, and so will some friends of ours in England, who respect his father.

B. F.

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TO JAMES LOVELL.

Passy, August 10th, 1780.

Sir,

I received on the 12th of June, 1780, copies of your several favors of April the 29th, 1779, June the 13th, 1779, July the 9th and 16th, August and September the 16th, 1779. You will see by this what delays our correspondence sometimes meets with. I have lately received two of fresher date, viz. February the 24th, and May the 4th. I thank you much for the newspapers and journals you have from time to time sent me; I endeavor to make full returns in the same way. I could furnish a multitude of despatches with confidential informations taken out of the papers I send you, if I chose to deal in that kind of manufacture; I know the whole art of it, for I have had several volunteer correspondents in England, who have in their letters for years together communicated to me secrets of state, extracted from the newspapers, which sometimes came to hand in those papers by the same post, and sometimes by the post before. You and I send the papers themselves. Our letters may appear the leaner, but what fat they have is their own.

I wrote to you the 17th of October, and the 16th of March, and have sent duplicates, some of which I hope got to hand. You mention receiving one of September the 30th, and one of December the 30th, but not that of October the 17th. The cypher you have communicated, either from some defect in your explanation, or in my comprehension, is not yet of use to me; for I cannot understand by it the little specimen you have written in it. If you have that of M. Dumas, which I left with Mr Morris, we may correspond by it when a few sentences are required only to be written in cypher, but it is too tedious for a whole letter.

I send herewith copies of the instruments annulling the 11th and 12th articles of the treaty.[24] The treaty printed here by the Court omitted them, and numbered the subsequent articles accordingly.

[24] For these instruments, see the Correspondence of the Commissioners in Paris, Vol. I. p. 432.

I write fully to the President. The frequent hinderances the Committee of Correspondence meet with in writing as a committee, which appear from the excuses in your particular letters, and the many parts of my letters, that have long been unanswered, incline me to think, that your foreign correspondence would be best managed by one secretary, who could write when he had an opportunity, without waiting for the concurrence or opinions of his brethren, who cannot always be got conveniently together. My chief letters will, therefore, for the future be addressed to the President, till further orders.

I send you enclosed some more of Mr Hartley's letters. He continues passionately to desire peace with America, but wishes we could be separated from France.

With great esteem, &c.

B. FRANKLIN.

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JAMES LOVELL TO B. FRANKLIN.

Philadelphia, August 15th, 1780.

Sir,

Though I cannot procure the signatures of the Committee of Foreign Affairs at this moment, nor the resolve of Congress respecting bills to be drawn on you for one hundred thousand dollars, passed two or three days ago, the bills payable at ninety days sight, yet I should be blameable if I did not thus far notify you. The breach upon our taxes at the southward by the possession, which the enemy have there, made this disagreeable step necessary for the express purpose of supporting General Gates in that department.

Notwithstanding the mention made in our journals long ago of giving you a Secretary, no vote has lately been taken for the purpose.

Mr Laurens will be able, on any questions from you in corresponding, to give you whatever the gazettes do not convey. I am, Sir, your most humble servant,

JAMES LOVELL, _For the Committee of Foreign Affairs_.

_P. S. August 27th, 1780._ I now add the resolves.

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JAMES LOVELL TO B. FRANKLIN.

September 7th, 1780.

Sir,

With triplicate and duplicate of former dates I have to enclose to you some further proceedings of Congress, respecting bills of exchange drawn upon you, and to acknowledge the receipt of your letter of May the 31st. I think I can venture now to assure you, that not a single draft more will be made upon you, let the occasion be ever so pressing; but you must be entreated to work with all energy as to the past. You cannot conceive of the whole train of necessities, which led to such decisions, after what you had written. Congress have lately called for three millions more than formerly, estimating in silver, to be paid by the last of December. Nothing but the weight of taxes will put an end to the levity with which our currency is treated.

New York has empowered its delegates to cede part of her western claims, and it is recommended to others to relinquish also a portion, and Maryland is anew invited to close the ratification of the confederating articles. We must as a whole show more vigor than of late.

I am, Sir, your most humble servant,

JAMES LOVELL, _For the Committee of Foreign Affairs_.

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TO C. W. F. DUMAS.

Passy, October 2d, 1780.

Dear Sir,

I received duly your several letters of the 12th, 15th, 17th, 19th, and 21st of September. I am much pleased with the intelligence you sent me, and with the papers you have had printed.

Mr Searle is a military officer in the Pennsylvania troops, and a member of Congress. He has some commission to execute for that province, but none that I know of from Congress. He has an open letter for you from Mr Lovell, which he has shown me. It is full of expressions of his esteem; and I understand from Mr Searle, that you stand exceedingly well with the Committee and with the Congress in general. I am sorry to see any marks of uneasiness and apprehension in your letters. M. Chaumont tells me, that you want some assurance of being continued. The Congress itself is changeable at the pleasure of their electors, and none of their servants have, or can have, any such assurance. If, therefore, anything better for you, and more substantial should offer, nobody can blame you for accepting it, however satisfied they may be with your services. But as to the continuance of what you may enjoy, or of something as valuable in the service of the Congress, I think you may make yourself easy, for your appointment seems more likely to be increased than diminished, though it does not belong to me to promise anything.

Mr Laurens was to sail three days after Mr Searle, who begins to fear he must be lost, as it was a small vessel he intended to embark in. He was bound directly to Holland.

I enclose some extracts of letters from two French officers of distinction in the army of M. de Rochambeau, which are pleasing, as they mark the good intelligence that subsists between the troops, contrary to the reports circulated by the English.

They will do perhaps for your Leyden Gazette.

With great esteem and affection, I am ever, &c.

B. FRANKLIN.

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TO C. W. F. DUMAS.

Passy, October 9th, 1780.

Dear Sir,

I received yours of the 29th of September and 3d of October. It is a very good addition you have made to your Memoir for the Ministers of Russia and Sweden. I am glad to find you are again on such good terms with the Ambassador, as to be invited to his comedy. I doubt not of your continuing to cultivate that good understanding. I like much your insertions in the gazettes. Such things have good effects.

Your information relative to the transactions at Petersburgh and in Denmark are very interesting, and afforded me a good deal of satisfaction, particularly the former. Mr Searle will have the pleasure of seeing you. I recommend him warmly to your civilities. He is much your friend, and will advise Mr Laurens to make you his secretary, which I hope you will accept. I have given it as my opinion, that Mr L. can nowhere find one better qualified, or more deserving. The choice is left to that Minister, and he is empowered to give a salary of £500 sterling a year. I am in pain on account of his not being yet arrived, but I hope you will see him soon. I request you would find means to introduce Mr Searle to the Portuguese Ambassador. Pray consider the enclosed papers, and after advising with your friend, give me your opinion as to the manner of the application to the States-General, whether I should make it through their Ambassador, or directly with a letter to the Grand Pensionary, or in what other manner. You know we wrote to him formerly, and received no answer.

With great esteem, I am, &c.

B. FRANKLIN.

_P. S._ You say nothing of Mr Adams? How do you stand with him? What is he doing?

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JAMES LOVELL TO B. FRANKLIN.

Philadelphia, October 28th, 1780.

Sir,

A Committee was appointed on the 6th to draft "a letter to our Ministers at the Courts of Versailles and Madrid, to enforce the instructions given by Congress to Mr Jay, by their resolutions of the 4th instant, and so to explain the reasons and principles on which the same are founded, that they may respectively be enabled to satisfy those Courts of the justice and equity of the intentions of Congress."