Part 17

_Answer._ The disbursements on the Alliance from the time of her first arrival in France, till the commencement of the cruise under Captain Jones, as appears by the accounts of Mr Schweighauser, agent appointed by William Lee, amounted to ---- which I paid. The disbursements on her refit in Holland were paid by the King, as were also those on her second refit after her return to L'Orient, as long as she was under the care of Captain Jones. But Captain Landais, when he resumed the command of her, thought fit to take what he wanted of Mr Schweighauser's agent, to the amount of 31,668 livres, 12s. 3d., for which, being contrary to my orders given to Mr Schweighauser, on his asking them upon the occasion, I refused to pay, (my correspondence with him will show you my reasons) and of those paid by the King I have no account.

_Question 9th._ "Why the Alliance lay so long at Port L'Orient, after her arrival there from the Texel, and in general every information in your power respecting the Alliance and the expedition referred to?"

_Answer._ Her laying so long at L'Orient was first occasioned by the mutinous disposition of the officers and men, who refused to raise the anchors till they should receive wages and prize money. I did not conceive they had a right to demand payment of wages in a foreign country, or anywhere but at the port they came from, no one here knowing on what terms they were engaged, what they had received, or what was due to them. The prize money I wished them to have, but as that could not soon be obtained, I thought it wrong in them to detain the vessel on that account, and as I was informed many of them were in want of necessaries, I advanced twentyfour thousand livres on account, and put it into Captain Jones's hands to relieve and pacify them, that they might go more willingly. But they were encouraged by some meddling passengers to persist. The King would have taken the prizes and paid for them, at the rate _per gun_, &_c._ as he pays for warlike vessels taken by his ships, but they raised a clamor at this, it being put into their heads, that it was a project for cheating them, and they demanded a sale by auction. The Minister, who usually gives more when ships are taken for the King than they will produce by auction, readily consented to this when I asked it of him, but then this method required time to have them inventoried, advertised in different ports, to create a fuller concurrence of buyers, &c. Captain Jones came up to Paris to hasten the proceedings. In his absence, Captain Landais, by the advice of Mr Lee and Commodore Gillon, took possession of the ship and kept her long, writing up to Paris, waiting answers, &c.

I have often mentioned to Congress the inconvenience of putting their vessels under the care of persons living perhaps one hundred leagues from the port they arrive at, which necessarily creates delays, and of course enormous expenses, and for a remedy I have as often recommended the appointment of consuls, being very sensible of my own insufficiency in maritime affairs, which have taken up a vast deal of my time, and given me abundance of trouble, to the hinderance, sometimes, of more important business. I hope these inconveniences will now be soon removed by the arrival of Mr Palfrey.

As the Ministry had reasons, if some of the first plans had been pursued, to wish the expedition might be understood as American, the instructions were to be given by me, and the outfit was committed to Monsieur de Chaumont, known to be one of our friends, and well acquainted with such affairs. Monsieur le Marquis de Lafayette, who was to have been concerned in the execution, can probably acquaint you with those reasons. If not, I shall do it hereafter. It afterwards continued in the hands of M. de Chaumont to the end. I never paid or received a farthing directly or indirectly on account of the expedition; and the captains having made him their trustee and agent, it is to him they are to apply for their proportions of the captures. There may be something, though I believe very little, coming to the United States from the Alliance's share of a small ransom made contrary to orders.

No account has been rendered to me of that ransom, therefore I cannot say how much, but I will inquire about it and inform you hereafter.

Most of the colliers taken were burnt or sunk. The ships of war taken, I understand belong wholly to the captors. If any particulars remain, on which you desire information, be pleased to mention them. I think it my duty to give you all the satisfaction in my power, and shall do it willingly.

Being with great regard, Gentlemen, &c.

B. FRANKLIN.

* * * * *

AGREEMENT,

_Between Captain John Paul Jones and the Officers of the Squadron._

Translation.

Agreement between Messieurs John Paul Jones, Captain of the Bon Homme Richard; Pierre Landais, Captain of the Alliance; Dennis Nicolas Cottineau, Captain of the Pallas; Joseph Varage, Captain of the Stag; and Philip Nicolas Ricot, Captain of the Vengeance; composing a squadron, that shall be commanded by the oldest officer of the highest grade, and so on in succession in case of death or retreat. None of the said commanders, whilst they are not separated from the said squadron, by order of the Minister, shall act but by virtue of the brevet, which they shall have obtained from the United States of America, and it is agreed that the flag of the United States shall be displayed.

The division of prizes to the superior officers and crews of the said squadron, shall be made agreeably to the American laws; but it is agreed, that the proportion of the whole, coming to each vessel in the squadron, shall be regulated by the Minister of the Marine Department of France, and the Minister Plenipotentiary of the United States of America.

A copy of the American laws shall be annexed to the present agreement, after having been certified by the commander of the Bon Homme Richard; but as the said laws cannot foresee nor determine as to what may concern the vessels and subjects of other nations, it is expressly agreed, that whatever may be contrary to them shall be regulated by the Minister of the French Marine, and the Minister Plenipotentiary of the United States of America.

It is likewise agreed, that the orders given by the Minister of the French Marine, and the Minister Plenipotentiary of the United States of America, shall be executed.

Considering the necessity there is of preserving the interests of each individual, the prizes that shall be taken shall be remitted to the orders of Monsieur le Ray de Chaumont, Honorary Intendant of the Royal Hotel of Invalids, who has furnished the expenses of the armament of the said squadron.

It has been agreed, that M. le Ray de Chaumont be requested not to give up the part of the prizes coming to all the crews, and to each individual of the said squadron, but to their order, and to be responsible for the same in his own proper name.

Whereas the said squadron has been formed for the purpose of injuring the common enemies of France and America, it has been agreed that such armed vessels, whether French or American, may be associated therewith, as by common consent shall be found suitable for the purpose, and that they shall have such proportion of the prizes, which shall be taken, as the laws of their respective countries allow them.

In case of the death of any one of the beforementioned commanders of vessels, he shall be replaced agreeably to the order of the tariff, with liberty, however, to choose whether he will remain on board his own vessel, and give up to the next in order the command of the vacant ship.

It has moreover been agreed, that the commander of the Stag shall be excepted from the last article of this present agreement, because in case of a disaster to M. de Varage, he shall be replaced by his second in command, and so on by the other officers of his cutter, the Stag.

J. P. JONES, P. LANDAIS, DE COTTINEAU, VARAGE, P. RICOT, LE RAY DE CHAUMONT.

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JAMES LOVELL TO B. FRANKLIN.

March 31st, 1781.

Sir,

I send you a few newspapers, and the last monthly journals which have come from the press. The enemy will tell their own story of the naval engagement on the 16th. They have ventured nearer to truth in Rivington's Royal Gazette than almost at any one time before, since the very commencement of hostilities. Our allies conducted most gallantly, and the enemy are so convinced of the activity of the French commander, that they have not ventured to remain in the Chesapeake Bay, to do all the damage which the event of the battle had put in their power.

I send you General Greene's account of an affair between him and Cornwallis on the 15th. It differs but little from the prints. I will endeavor to have it struck at the press. You shall have it, at least, with our good Secretary's attestation, which is in the best credit, even with the enemy.

The opportunity of sending is too precarious to admit of my enlarging.

Your most humble servant, JAMES LOVELL, _For the Committee of Foreign Affairs_.

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JAMES LOVELL TO B. FRANKLIN.

Philadelphia, May 9th, 1781.

Sir,

Mr Samuel Curson and Mr Isaac Gouverneur, Jun. of St Eustatia, after that place was taken, were sent to England in the Vengeance man of war, Commodore Hotham, stripped of everything but their wearing apparel; their books, papers, and slaves having been taken from them, and Mrs Gouverneur, with a young infant, turned out of doors. Special severity, it is supposed, has been shown to them in consequence of their acting as agents to Congress. Doctor John Witherspoon, Jun. also, who was surgeon of the De Graaff letter of marque, taken at St Eustatia, is sent to England in the Alimena man of war, and very hardly treated on account of his father being a member of Congress, as is supposed.

Your particular attention to the exchange of these persons will tend to give confidence to all, who being connected specially with Congress are exposed to captivity, and will also very particularly oblige the relations of these unfortunates, who have requested Congress to mention these circumstances to you.

Your most humble servant, JAMES LOVELL, _For the Committee of Foreign Affairs_.

* * * * *

TO M. DE LAFAYETTE.

Passy, May 14th, 1781.

Dear Sir,

You are a very good correspondent, which I do not deserve, as I am a bad one. The truth is, I have too much business upon my hands, a great deal of it foreign to my function as a minister, which interferes with my writing regularly to my friends. But I am nevertheless extremely sensible of your kindness in sending me such frequent and full intelligence of the state of affairs on your side of the water, and in letting me see by your letters, that your health continues, as well as your zeal for our cause and country.

I hope, that by this time the ship, which has the honor of bearing your name, is safely arrived. She carries clothing for nearly twenty thousand men, with arms, ammunition, &c. which will supply some of your wants, and Colonel Laurens will bring a considerable addition, if Providence favors his passage. You will receive from him the particulars, which makes my writing more fully by him unnecessary.

Your friends have heard of your being gone against the traitor Arnold, and are anxious to hear of your success, and that you have brought him to punishment. Enclosed is a copy of a letter from his agent in England, captured by one of our cruisers, and by which the price or reward he received for his treachery may be guessed at. Judas sold only one man, Arnold three millions. Judas got for his one man thirty pieces of silver, Arnold not a halfpenny a head. A miserable bargain! especially when one considers the quantity of infamy he has acquired to himself, and entailed on his family.

The English are in a fair way of gaining still more enemies; they play a desperate game. Fortune may favor them as it sometimes does a drunken dicer; but by their tyranny in the East, they have at length roused the powers there against them, and I do not know that they have in the West a single friend. If they lose their India commerce, (which is one of their present great supports,) and one battle at sea, their credit is gone, and their power follows. Thus empires, by pride, folly, and extravagance, ruin themselves like individuals. M. de la Motte Piquet has snatched from between their teeth a good deal of their West India prey, having taken twentytwo sail of their homeward bound prizes. One of our American privateers has taken two more, and brought them into Brest, and two were burnt; there were thirtyfour in company, with two men of war of the line and two frigates, who saved themselves by flight, but we do not hear of their being yet got in.

I think it was a wise measure to send Colonel Laurens here, who could speak knowingly of the state of the army. It has been attended with all the success that perhaps could reasonably be expected, though not with all that was wished. He has fully justified your character of him, and returns thoroughly possessed of my esteem; but that cannot and ought not to please him so much, as a little more money would have done for his beloved army. This Court continues firm and steady in its friendship, and does everything it can for us. Can we not do a little more for ourselves? My successor (for I have desired the Congress to send me one) will find it in the best disposition towards us, and I hope he will take care to cultivate that disposition. You, who know the leading people of both countries, can perhaps judge better than any member of Congress of a person suitable for this station. I wish you may be in a way to give your advice, when the matter is agitated in that assembly. I have been long tired of the trade of minister, and wished for a little repose before I went to sleep for good and all. I thought I might have held out till the peace, but as that seems at a greater distance than the end of my days, I grow impatient. I would not, however, quit the service of the public, if I did not sincerely think that it would be easy for the Congress, with your counsel, to find a fitter man. God bless you, and crown all your labors with success.

With the highest regard and most sincere affection, I am, dear Sir, &c.

B. FRANKLIN.

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TO THE PRESIDENT OF CONGRESS.

Passy, May 14th, 1781.

Sir,

I did myself the honor of writing to your Excellency pretty fully on the 12th of March, to which I beg leave to refer. Colonel Laurens arriving soon after, we renewed the application for more money.

His indefatigable endeavors have brought the good dispositions of this Court to a more speedy determination of making an addition, than could well have been expected so soon after the former grant. As he will have an opportunity of acquainting you personally with all the particulars of importance, a circumstantial account of the transaction from me is unnecessary. I would only mention, that as it is the practice here to consider early in the year the probable expenses of the campaign, and appropriate the revenues to the several necessary services, all subsequent and unexpected demands are extremely inconvenient and disagreeable, as they cannot be answered without difficulty, occasion much embarrassment, and are sometimes impracticable. If, therefore, the Congress have not on this occasion obtained all they wished, they will impute it to the right cause, and not suppose a want of good will in our friends, who indeed are such, most firmly and sincerely.

The whole supply for the current year now amounts to twenty millions; but out of this are to be paid your usual drafts for interest money, those in favor of M. de Beaumarchais, and those heretofore drawn on Mr Jay and Mr Laurens, which I have already either paid or engaged for, with the support of your several Ministers, &c. &c. which I mention, that the Congress may avoid embarrassing my successor with drafts, which perhaps he may not have the means in his hands of honoring. Besides paying the second year's salaries of Messrs Adams and Dana, Jay and Carmichael, I have furnished Mr Dana with £1,500 sterling credit on Petersburgh, for which place I suppose he is now on his way.

You will receive from Holland advices of the late declaration of that Court, with regard to the English refusal of its mediation, and of the assistance requested by the States-General. I hope Mr Dana will find it well disposed towards us.

I have received no answer yet to my letters relating to the proposed mode of lodging funds here, by supplying the French fleet and army. Having as yet heard nothing of Colonel Palfrey, and it being now more than four months since he sailed, there is great reason to fear he may be lost. If that should unhappily be the case, the Congress cannot too soon appoint another consul, such an officer being really necessary here. Your Minister Plenipotentiary has hitherto had all that sort of business upon his hands, and as I do not now speak for myself, I may speak more freely, I think he should be freed from the burden of such affairs, from all concerns in making contracts for furnishing supplies, and from all your bill of exchange business, &c. &c. that he may be more at liberty to attend to the duties of his political function.

The prisoners in England are increasing by the late practice of sending our people from New York, and the refusal of the English Admiralty to exchange any Americans for Englishmen not taken by American armed vessels. I would mention it for the consideration of Congress, whether it may not be well to set apart five or six hundred English prisoners, and refuse them all exchange in America, but for our countrymen now confined in England.

Agreeably to the vote of Congress, and your Excellency's letter of the 4th of January, I have requested the assistance of this Court for obtaining the release of Mr President Laurens. It does not yet appear that the thing is practicable. What the present situation is of that unfortunate gentleman, may be gathered from the enclosed letters.[26]

[26] The reference here is to the letters of Sir Grey Cooper, and Mr Charles Vernon. See this volume, pages 174, 175, 176.

I hope the Alliance, with the ship _Marquis de Lafayette_ under her convoy, is by this time arrived, as they sailed the 27th of March. I flatter myself that the supplies of clothing, &c. which they carry, will be found good of the kind, and well bought. I have by several late opportunities sent copies of the government letters taken in the New York packet. Your Excellency will see, that they are written in the perfect persuasion of our submitting speedily, and that the Commissioners are cautioned not to promise too much, with regard to the future constitutions to be given us, as many changes of the old may be necessary, &c. One cannot read those letters from the American Secretary of State, and his Under-Secretary, Knox, without a variety of reflections on the state we should necessarily be in, if obliged to make the submission they so fondly hope for, but which I trust in God they will never see. Their affairs in the East Indies, by the late accounts, grow worse and worse; and twentytwo ships of the prey they made in the West are wrenched out of their jaws by the squadron of M. de la Motte Piquet.

I mentioned in a former letter, my purpose of remaining here for some time after I should be superseded. I mean it with the permission of Congress, and on the supposition of no orders being sent me to the contrary; and I hope it will be so understood.

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

B. FRANKLIN.

* * * * *

TO THOMAS LEWIS.

Passy, May 16th, 1781.

Sir,

I received the letter you did me the honor of writing to me the 1st of January. The bill for four thousand four hundred and fortyfour Mexican dollars, which you remitted to Mr Schweighauser, being refused payment by Mr Jay, for want of a regular endorsement by Mr Laurens, in whose favor it was drawn, and which endorsement could not now be obtained, Mr Schweighauser applied to me, informing me that he should not send the things ordered by your Board, unless the bill was paid; and it appearing on the face of the bill, that it was drawn for public service, I concluded to take it up, on which he has purchased the things and shipped them. Colonel Laurens has put on board some other supplies for the army, and I suppose she will now sail directly.

The drafts from Congress upon me for various services, and those on Mr Jay and Mr Laurens, all coming upon me for payment, together with the expenses on the ships, &c. &c. have made it impracticable for me to advance more for loading the Active; but as we have obtained lately promises of a considerable aid for this year, I shall now try what I can do, as the money comes in, towards supplying what is demanded in the invoice you mention. You will receive, I hope, twentyeight cannon, and a large quantity of powder and saltpetre, by the ship Marquis de Lafayette.

I have by several opportunities written in answer to your questions relative to the ship Alliance.

I have the honor to be, &c.

B. FRANKLIN.

_P. S._ Please to present my respects to the Board.

* * * * *

JAMES LOVELL TO B. FRANKLIN.

Philadelphia, May 17th, 1781.

Sir,

Doctor Putnam, whose letter is enclosed, by the uniformity of his attachment to our public cause, merits your patronage. And I enclose for your information some former proceedings of Congress, in which this same gentleman is interested; requesting, Sir, that you would obtain a knowledge of the proceedings consequent upon efforts which M. Gerard has undoubtedly made to obtain compensation for the sloop, which Count d'Arband restored to the Governor of Antigua, after it had been taken by Doctor Putnam and others.

Your most humble servant, JAMES LOVELL.

* * * * *

COUNT DE VERGENNES TO B. FRANKLIN.

Translation.

Versailles, June 8th, 1781.

Sir,

I have received the letter you did me the honor to write me on the 4th instant. I do not know whether Mr Laurens has purchased the clothing in Holland on account of Congress; I only know (and you were likewise informed of it at the same time) that this officer was _to employ for his purchases in France_ part of the six millions, which the King has granted to Congress, and that the residue of this sum was intended to be sent to America, with a view of re-establishing the credit of the United States.

If Mr Laurens, instead of paying ready money in Holland, has contented himself with giving bills on you, I have no concern in it, and the King can furnish no means for your reimbursement.

As to the monies arising from the loan opened in Holland, we have no pretensions to regulate the employment of them, as they belong to the United States. You must, therefore, Sir, apply to Congress for the power of disposing of them, in discharge of the drafts drawn on you from all quarters.

I have the honor of being, &c.

DE VERGENNES.

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TO THE PRESIDENT OF CONGRESS.

Passy, June 11th, 1781.

Sir,