Part 15

That Committee reported a draft of a letter to Mr Jay, "and that a copy of it be communicated to Doctor Franklin, together with the resolution directing the draft."

There is no member of the Committee for Foreign Affairs attending Congress but myself, nor have the Committee had a secretary or a clerk since T. Paine's resignation. I must entreat you, therefore, Sir, to excuse the economy of my request, that you would transmit to Mr Jay all the papers which happen to reach you directed for him, taking copies of such as are left open, for your information. I persuade myself you will readily communicate to Mr Adams what appears so much connected with his commission, though it has not been specially ordered by the report of the Committee on the draft.

I am, Sir, your most humble servant,

JAMES LOVELL,

_For the Committee of Foreign Affairs_.

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TO SIR GREY COOPER, BARONET, SECRETARY TO THE TREASURY OF GREAT BRITAIN.

Passy, November 7th, 1780.

Sir,

I understand that Mr Laurens, an American gentleman, for whom I have a great esteem, is a prisoner in the Tower, and that his health suffers by the closeness and rigor of his confinement. As I do not think that your affairs receive any advantage from the harshness of this proceeding, I take the freedom of requesting your kind interposition, to obtain for him such a degree of air and liberty, on his parole or otherwise, as may be necessary for his health and comfort. The fortune of war, which is daily changing, may possibly put it in my power to do the like good office for some friend of yours, which I shall perform with much pleasure, not only for the sake of humanity, but in respect to the ashes of our former friendship.

With great regard, I have the honor to be, &c.

B. FRANKLIN.

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CHARLES VERNON, LIEUTENANT GOVERNOR OF THE TOWER OF LONDON, TO SIR GREY COOPER.

Hampstead, November 27th, 1780.

Dear Sir,

I am much ashamed to think that I shall appear so dilatory in answering the favor of your letter, but the truth is, I was not in town when the messenger left it in Cork Street, and by the neglect of my servants I received it only on Sunday last. I went immediately to the Tower, to know from Mr Laurens himself if he had any cause of complaint, and if he had availed himself of the indulgence allowed him by the Secretary of State, of walking within the Tower whenever it was agreeable to himself. His answer to me was full and frank to the questions, that he had received every reasonable indulgence since his confinement, and that by the liberty allowed him of walking, he found his health much mended. He said, at the same time, that he had always thought himself highly honored by the distinguished place of his confinement, and regretted much it was not in his power to make known to all the world, the acknowledgments he had more than once made to me upon this subject.

I beg you will do me the favor to communicate these particulars to Lord George Germain as soon as convenient.

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

CHARLES VERNON.

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SIR GREY COOPER TO B. FRANKLIN.

London, November 29th, 1780.

Sir,

I have received the honor of your letter, in which you acquainted me, that you understood that the health of Mr Laurens suffered by the closeness and rigor of his confinement in the Tower, and after complaining of the harshness of the proceeding, you request me to endeavor to obtain for Mr Laurens such a degree of air and liberty, as may be necessary for his health and comfort. The enclosed letter, which I received from the Lieutenant Governor of the Tower, will show that I have not been inattentive to your request, and at the same time prove, that the intelligence you receive of what passes in this country, is not always to be depended on for its accuracy and correctness.

I have the honor to be, &c.

GREY COOPER.

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INSTRUCTIONS FROM CONGRESS TO B. FRANKLIN.

In Congress, November 29th, 1780.

Sir,

The letters to His Most Christian Majesty, which accompany these instructions, you will deliver without loss of time; you will on all occasions, and in the strongest terms, represent the unalterable resolutions of these United States to maintain their liberties and independence, and invariably to adhere to the alliance at every hazard, and in every event. That the misfortunes of the last campaign, instead of repressing, have redoubled their ardor. That Congress are resolved to employ every resource in their power to expel the enemy from every part of the United States, by the most vigorous and decisive co-operation with the marine and troops of their illustrious ally; that they have called for a powerful army and ample supplies of provisions, and that the States are disposed effectually to a compliance with their requisitions. That if, in aid of our own exertions, the Court of Spain can be prevailed on to assume a naval superiority in the American seas, to furnish the arms, ammunition, and clothing specified in the estimate herewith transmitted, and to assist us with the loan mentioned in the letter, we flatter ourselves, that under the divine blessing the war must be speedily terminated, with glory and advantage to both nations. To procure these necessary aids you will employ unremitted attention and your utmost abilities; your own knowledge of our circumstances, and the fact suggested in the letter, will supply you with abundant argument to enforce our requisitions.

You will give Colonel Palfrey, late Paymaster General for our armies, and now our Consul in France, all the support which is necessary for the exercise of his Consular functions, as well as for the effectual execution of the special authority and instructions, which he will communicate. The sufferings of our army for the want of the clothing and arms, which the grant of His Most Christian Majesty, and your own despatch gave us reason to expect, and the absolute and increasing necessity of their being immediately forwarded to give efficacy to our future operations, will especially impress upon you the dangerous consequences of a further disappointment.

With respect to the loan, we foresee, that the sum we ask will be greatly inadequate to our wants. We wish, however, to depend as much as possible on our internal exertions. In this negotiation the state of our finances requires, that you should endeavor to procure as long a respite after the war for payment of the principal as may be in your power. You may agree for an interest not exceeding the terms allowed or given on national security, in endeavoring to suspend the discharge of the interest for two or three years if possible.

The loan must prove ineffectual, unless the specie is actually remitted. Experience has shown, that the negotiations of bills is attended with insuperable loss and disadvantage. His Most Christian Majesty, we are persuaded, will see in the strongest light the necessity of despatching an effective naval armament to the American seas. This is a measure of such vast moment, that your utmost address will be employed to give it success. By such a conveyance the specie may be remitted by different ships of war with a prospect of safety.

You are instructed to procure a correspondence with Monsieur Stephen d'Andibert Caille, Consul for unrepresented nations at the Court of the Emperor of Morocco. Assure him in the name of Congress, and in the most respectful terms, that we entertain a sincere disposition to cultivate the most perfect friendship with the Emperor of Morocco, and are desirous of entering into a treaty of commerce with him, and that we shall embrace a favorable opportunity to announce our wishes in form. You are to take upon yourself, as far as may be consistent with your present functions, the office of adjusting preliminaries for a treaty with that Prince, according to the articles herewith forwarded; provided, that you shall conceive it for the honor and interest of the United States to make such overtures, and it shall be agreeable to the Court at which you reside.

I have the honor to be, &c.

SAMUEL HUNTINGTON, _President_.

* * * * *

TO JAMES LOVELL.

Passy, December 2d, 1780.

Sir,

I duly received your several favors of August the 15th, and September the 7th, with the resolves of Congress for drawing on the bills extraordinary, to the amount of near three hundred thousand dollars. To keep up the credit of Congress I had already engaged for those drawn on Mr Laurens. You cannot conceive how much these things perplex and distress me; for the practice of this government being yearly to apportion the revenue to the several expected services, any after demands made, which the treasury is not furnished to supply, meet with great difficulty, and are very disagreeable to the Ministers. To enable me to look these drafts in the face, I have agreed to a proposal contained in the enclosed letter to the President of furnishing provisions to the King's forces in America, which proposal I hope will be approved and executed, and that the Congress will strictly comply with the assurance you have given me, not to draw on me any more without first knowing that they have funds in my hands.

I wrote to you more fully by Captain Jones. He sailed sometime since in the Ariel, but met with a severe storm, that entirely dismasted him, and obliged him to put back for France. He has been long refitting, but will sail again soon. Everything goes well here.

With great esteem, &c.

B. FRANKLIN.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Passy, December 2d, 1780.

Sir,

The many mutual advantages, that must arise from carrying into execution the proposition already communicated to Congress, of furnishing provisions to the King's forces in America, to be paid for here, have, I make no doubt, already induced them to begin that operation. But as the proposition has lately been renewed to me, on occasion of my requesting further aids of money, to answer the unexpected drafts drawn upon me ordered by the resolutions of May and August last, which drafts it is absolutely necessary I should find funds to pay; and as the Congress have long desired to have the means of forming funds in Europe, and an easier, cheaper, and safer method cannot possibly be contrived, and as I see by the journals of February, that the several States were to furnish provisions in quantities instead of supplies in money, whereby much will be in the disposition of Congress, I flatter myself that they will not disapprove of my engaging in their behalf with the Minister of the Finances here, that they will cause to be delivered for the King's land and sea forces in North America such provisions, as may be wanted from time to time, to the amount of four hundred thousand dollars, the said provisions to be furnished at the current prices, for which they might be bought with silver specie.

I have constantly done my utmost to support the credit of Congress, by procuring wherewith punctually to pay all their drafts, and I have no doubt of their care to support mine in this instance by fulfilling honorably my engagement; in which case, receipts in due form should be taken of the person to whom the provisions are delivered in the several States, and those receipts sent to me here.

With great respect, &c.

B. FRANKLIN.

_P. S._ This value, 400,000 dollars, is to be considered as exclusive of any provisions already furnished, but the receipts for those should also be sent me, if not paid for there.

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TO THE PRESIDENT OF CONGRESS.

Passy, December 3d, 1780.

Sir,

I duly received the letter your Excellency did me the honor of writing to me on the 12th of July past, by Mr Searle, and have paid the bills drawn on me by order of Congress in favor of the President and Council of Pennsylvania, for one thousand pounds sterling, which were presented by him. He is at present in Holland.

The news of Mr Laurens having been taken must have reached you long since; he is confined in the Tower, but of late has some more liberty for taking air and exercise than first was allowed him. Certain papers found with him relating to the drafts of a treaty proposed in Holland, have been sent over to the Stadtholder, who laid them before their High Mightinesses, who communicated them to the government of the city of Amsterdam, which justified the transaction. This has drawn from England a memorial, delivered by Sir Joseph Yorke, demanding that the Pensionary and Magistrates of that city should be punished, and declaring that the King will resent a refusal of the States to comply with this demand. What answer will be given to this insolent memorial we do not yet know. But I hear it has produced much displeasure in Holland, and it is thought to have occasioned a more prompt accession to the armed neutrality, which had before met with obstructions from the English party there.

We have met with a variety of unaccountable delays and difficulties in the affair of shipping the clothing and stores. The Alliance went away without taking her part. The Ariel sailed, but met a storm at sea that dismasted her, and obliged her to return to France. She is nearly again ready to sail. Mr Ross, with his cargo of clothes in the Duke of Leinster, sailed under convoy of the Ariel, but did not return with her, and I hope may get safe to America. The great ship we hired to come to L'Orient, and take in the rest of what we had to send, has been long unexpectedly detained at Bordeaux. I am afraid the army has suffered for want of the clothes; but it has been as impossible for me to avoid, as it was to foresee these delays.

The late Minister of the Marine here, M. de Sartine, is removed, and his place supplied by M. le Marquis de Castries. But this change does not effect the general system of the Court, which continues favorable to us.

I have received a copy of the resolutions of Congress of the 19th of May, and the 9th, 15th, 23d, and 30th of August, directing bills to be drawn on me for near 300,000 dollars. I shall accept the bills, hoping the Congress will approve of, and readily comply with the proposition, contained in a letter to your Excellency, accompanying this, dated the 2d instant. Probably an answer may arrive here before many of those bills shall become due, as few of them are yet arrived. If that answer ratifies the agreement I have made, I shall have no difficulty in finding means to pay the rest. If not, I shall scarce be able to bear the reproaches of merchants, that I have misled them to their loss by my acceptations, which gave a promise of payment, that not being fulfilled, has deranged their affairs, to say nothing of the power I am told the Consul's Court here has over the persons, even of Ministers, in the case of bills of exchange. Let me, therefore, beg your Excellency to use your endeavors with Congress, that this matter may be immediately attended to.

Mr Jay, no doubt, has acquainted you with his difficulties respecting the drafts upon him. I am sorry I cannot extricate him, but I hope he will still find means.

The Mars, an armed ship belonging to the State of Massachusetts, in her way to France, took and sent to New England a Portuguese ship bound to Cork, with salt, belonging to some merchants there. The Portuguese Captain, who is brought in here, complains heavily of ill usage and plunder, besides taking his vessel, and the Ambassador of that nation has communicated to me these complaints, together with all the papers proving the property of the vessel, &c. representing at the same time the good disposition of the Queen towards our States, and his wishes that nothing might lessen it, or tend to prevent or delay a complete good understanding between the two nations. I advised that the owners should send over their claim, and empower some person to prosecute it, in which case I did not doubt our courts would do them justice. I hope the Congress may think fit to take some notice of this affair, and not only forward a speedy decision, but give orders to our cruisers not to meddle with neutral ships for the future, it being a practice apt to produce ill blood, and contrary to the spirit of the new league, which is approved by all Europe; and the English property found in such vessels will hardly pay the damages brought on us by the irregular proceedings of our Captains, in endeavoring to get at such property.

With the greatest respect, I have the honor to be, &c.

B. FRANKLIN.

* * * * *

JAMES LOVELL TO B. FRANKLIN.

Philadelphia, December 21st, 1780.

Sir,

The bearer, William Palfrey, our late Paymaster General, has been appointed Consul in France, with powers adequate to a general agency in our commercial concerns there. But, while I take up my pen to introduce him to your patronage, I ought to use it rather, perhaps, by way of apologising for myself, in the line of a member of the Committee of Foreign Affairs, from whom you will find no letter. There was a prospect of much business being committed to you by this opportunity, but it was altogether depending upon the President and Secretary to transmit it, which, it seems, they were prevented from doing, by an arrangement being but partly accomplished, which Congress has thought fit to connect with those affairs. This proceeding is of a nature not to admit of my enlarging upon it, because neither my head nor heart suggests anything of eulogium, and my conscience forbids me to pursue the usual style of minorities.

The Journals which I send you will show that we have had no letter from you since that of May last, except two short ones lately, respecting the private concerns of two officers, Baron d'Arendt, and another, whose name is not now in my memory. Colonel Palfrey will be able to give you information additional to the gazettes.

I am, Sir, your most humble servant, JAMES LOVELL, _For the Committee of Foreign Affairs_.

* * * * *

ADDITIONAL INSTRUCTIONS FROM CONGRESS TO B. FRANKLIN.

In Congress, December 27th, 1780.

Sir,

Since your last instructions[25] Congress have thought it expedient to send Colonel John Laurens, with powers to negotiate specially the important affairs to which they more immediately relate. This gentleman, from the nature of his services and situation, has had opportunities of information, which peculiarly qualify him for giving to His Most Christian Majesty a more lively idea of our circumstances, of our indispensable wants, and of the great advantages which must result to the allies from his Majesty's complying with our request.

[25] See above, p. 176.

The negotiation is, besides, so critically important, that it was deemed highly requisite by the mission of this special Minister, to guard against the accident of your want of health, and the consequent delay in making the application.

Notwithstanding this appointment, should the duplicates of the despatches reach you before this Minister's arrival, you will consider it as the desire of Congress, that you take, with all possible expedition, every step in your power for effecting the business, or at least for disposing His Most Christian Majesty and his Ministers to take a favorable impression from the representation which Colonel Laurens, from his advantages of fuller information, may be better able to make.

It is intended, and it is well known to be his own disposition, to avail himself of your information and influence, and Congress doubt not that the success of this measure will be much promoted by the assistance he will derive from you; and they desire you to consider your attention to him as a matter, which will be very satisfactory to Congress and advantageous to your country.

I have the honor to be, &c.

SAMUEL HUNTINGTON, _President_.

* * * * *

TO COUNT DE VERGENNES.

Passy, February 13th, 1781.

Sir,

I have just received from Congress their letter for the King, which I have the honor of putting herewith into the hands of your Excellency. I am charged at the same time, to "represent in the strongest terms, the unalterable resolution of the United States to maintain their liberties and independence; and inviolably to adhere to the alliance at every hazard, and in every event; and that the misfortunes of the last campaign, instead of repressing, have redoubled their ardor; that Congress are resolved to employ every resource in their power to expel the enemy from every part of the United States, by the most vigorous and decisive co-operation with marine and other forces of their illustrious ally; that they have accordingly called on the several States for a powerful army and ample supplies of provisions; and that the States are disposed effectually to comply with their requisitions. That, if in aid of their own exertions, the Court of France can be prevailed on to assume a naval superiority in the American seas, to furnish the arms, ammunition, and clothing, specified in the estimate heretofore transmitted, and to assist with the loan mentioned in the letter, they flatter themselves, that under the divine blessing, the war must speedily be terminated, with glory and advantage to both nations."

By several letters to me from intelligent persons, it appears, that the great and expensive exertions of the last year, by which a force was assembled capable of facing the enemy, and which accordingly drew towards New York, and lay long near that city, was rendered ineffectual by the superiority of the enemy at sea, and that their successes in Carolina had been chiefly owing to that superiority, and to the want of the necessary means for furnishing, marching, and paying the expense of troops sufficient to defend that province. The Marquis de Lafayette writes to me, that it is impossible to conceive, without seeing it, the distress which the troops have suffered for want of clothing, and the following is a paragraph of a letter from General Washington, which I ought not to keep back from your Excellency, viz. "I doubt not that you are so fully informed by Congress of our political and military State, that it would be superfluous to trouble you with anything relative to either. If I were to speak on topics of the kind, it would be to show that our present situation makes one of two things essential to us; a peace, or the most vigorous aid of our allies, particularly in the article of _money_. Of their disposition to serve us, we cannot doubt; their generosity will do everything which their means will permit." They had in America great expectations, I know not on what foundation, that a considerable supply of money would be obtained from Spain; but that expectation has failed, and the force of that nation in those seas has been employed to reduce small forts in Florida, without rendering any direct assistance to the United States; and indeed the long delay of that Court, in acceding to the treaty of commerce, begins to have the appearance of its not inclining to have any connexion with us; so that for effectual friendship, and for the aid so necessary in the present conjuncture, we can rely on France alone, and in the continuance of the King's goodness towards us.