Part 9

To apply again to this Court for money for a particular purpose, which they had already over and over again provided for and furnished us, was extremely awkward; I therefore repeated the _general_ applications, which we had made when together, for aids of money, and received the general answers, that the expense of government for the navy was so great, that at present it was exceedingly difficult to furnish the necessary supplies. That France, by sending a fleet to America, obliged the enemy to divide their forces, and left them so weak on the continent, as to aid us by lessening our expense, if it could not by giving us money, &c. &c. and I was asked if we did not receive money from Spain? I know indeed of some money received from thence, and I have heard of more, but know not how much, Mr Arthur Lee, as Minister for Spain, having taken to himself all the management of that affair, and will account to Congress. I only understand, that there is none of it left to assist in paying Congress bills. I at length obtained, as abovementioned, the King's _bon_ for payment of the interest of three millions, if I could borrow it in Holland, or elsewhere, but though two eminent houses in Amsterdam have undertaken it, and had hopes of success, they have both lately written to me, that the great demands of money for Germany and for England had raised interest above our limits, and that the successes of the English in Georgia and St Lucia, and in destroying the French trade, with the supposed divisions in Congress, all much magnified by the British Minister, and the pressing application to borrow by several of our States separately, had made the monied people doubtful of our stability, as well as our ability to repay what might be lent us, and that it was necessary to wait a more favorable moment for proceeding with our loan.

In this situation, I have been applied to by Mr William Lee, and lately through our banker, by Mr Izard, for more money for their expenses, and I am told there is much anger against me for declining to furnish them, and that I am charged with _disobeying an order of Congress_,[14] and with cruelly attempting to distress gentlemen, who are in the service of their country. They have indeed produced to me a resolve of Congress, _empowering them to draw_ on the Commissioners in France for their expenses at foreign Courts; and doubtless Congress, when that resolve was made, intended to enable us to pay those drafts; but as that has not been done, and the gentlemen (except Mr Lee for a few weeks) have not incurred any expense at foreign Courts, and if they had, the five thousand five hundred guineas, received by them in about nine months, seemed an ample provision for it, and as both of them might command money from England, I do not conceive that I _disobeyed an order_ of Congress, and that if I did, the circumstances will excuse it; and I could have no intention to distress them, because I must know it is out of my power, as their private fortunes and credit will enable them at all times to pay their own expenses.

[14] See Mr Izard's Correspondence, Vol. II. p. 446.

In short, the dreadful consequence of ruin to our public credit, both in America and Europe, that must attend protesting a single Congress draft for interest after our funds were out, would have weighed with me against the payment of more money to those gentlemen, if the demand had otherwise been well founded. I am, however, in the judgment of Congress: and if I have done amiss, must submit dutifully to their censure. Thanks to God, I have this last week got over the difficulty, so far as relates to the bills, which will all be punctually paid; but if the Navy Board sends more ships here to be fitted, or the Congress continue to draw for the payment of other debts, the ships will be disappointed, and I shall probably be made a bankrupt, unless funds are at the same time sent over to discharge such demands.

With regard to the fitting out of ships, receiving and disposing of cargoes, and purchasing of supplies, I beg leave to mention, that besides my being wholly unacquainted with such business, the distance I am from the ports renders my having anything to do with it extremely inconvenient. Commercial agents have indeed been appointed by Mr William Lee, but they and the captains are continually writing for my opinion or orders, or leave to do this or that, by which much time is lost to them, and much of mine taken up to little purpose, from my ignorance. I see clearly, however, that many of the captains are exorbitant in their demands, and in some cases I think those demands are too easily complied with by the agents, perhaps because the commissions are in proportion to the expense. I wish, therefore, the Congress would appoint the consuls they have a right to appoint by the treaty, and put into their hands all that sort of employment. I have in my desk, I suppose, not less than fifty applications from different ports, praying the appointment, and offering to serve gratis for the honor of it, and the advantage it gives in trade; but I imagine that if consuls are appointed, they will be of our own people from America, who, if they should make fortunes abroad, might return with them to their country.

The commissions demanded by the agents seem to me in some cases very high. For instance, Mr Schweighauser, in a late account, charges five per cent on the simple delivery of the tobaccos to the officer of the Farmers-General in the port, and by that means makes the commission on the delivery of the two last cargoes amount to about six hundred and thirty pounds sterling. As there was no sale in the case, he has, in order to calculate the commission, valued the tobacco at ninety livres the hundred weight, whereas it was, by our contract with the Farmers, to be delivered at about forty livres. I got a friend, who was going upon change, to inquire among the merchants what was the custom in such cases of delivery. I send enclosed the result he has given me of his inquiries. In consequence, I have refused to pay the commission of five per cent on this article; and I know not why it was, as is said, agreed with him at the time of his appointment, that he should have five per cent on his transactions, if the custom is only two per cent, as by my information.

I have mentioned above the applications of separate States to borrow money in Europe, on which I beg leave to remark, that when the General Congress are endeavoring to obtain a loan, these separate attempts interfere, and are extremely inconvenient, especially where some of the agents are empowered to offer a higher interest, and some have powers in that respect unlimited. We have likewise lately had applications from three several States to this Court, to be furnished with great quantities of arms, ammunition, and clothing, or with money upon credit to buy them; and from one State to be supplied with naval stores and ships of war. These agents, finding that they had not interest to obtain such grants, have severally applied to me, and seem to think it my duty, as Minister for the United States, to support and enforce their particular demands. I have endeavored to do so, but I find the Ministers do not like these separate applications, and seem to think that they should properly come only through Congress, to whom the several States in such cases ought first to make known their wants, and then the Congress could instruct their Minister accordingly. This would save the King's Ministers a good deal of trouble, and the several States the expense of these particular agents; concerning whom I would add a little remark, that we have in America, too readily, in various instances, given faith to the pretensions of strangers from Europe, and who offer their services as persons who have powerful friends, and great interest in their own country, and by that means obtain contracts, orders, or commissions, to procure what we want, and who, when they come here, are totally unknown, and have no other credit but what such commissions give them, or if known, the commissions do not add so much to their credit as they diminish that of their employers.

I have received two letters from a Frenchman, settled in one of the ports of Barbary, offering himself to act as our Minister with the Emperor, with whom he pretended to be intimate, and acquainting me that his Imperial Majesty wondered we had never sent to thank him for being the first power on this side of the Atlantic that had acknowledged our independence, and opened his ports to us; advising that we should send the Emperor a present. On inquiry at the office in whose department Africa is included, I learnt the character of this man to be such, that it was not safe to have any correspondence with him, and therefore I did not answer his letters. I suppose Congress has received the memorial we presented to this Court respecting the Barbary States, and requesting the King's good offices with them, agreeable to the treaty; and also the answer, expressing the King's readiness to perform those good offices whenever the Congress should send us instructions, and make provision for the necessary presents;[15] or if those papers have not yet got to hand, they will be found among the copies carried over by Mr Adams, and therefore I only mention them by way of remembrance. Whenever a treaty with the Emperor is intended, I suppose some of our naval stores will be an acceptable present, and the expectation of continued supplies of such stores, a powerful motive for entering into and continuing a friendship.

[15] Correspondence of the Commissioners at the Court of France. Vol. I. pp. 431, 453, 462.

I should send you copies of several other memorials and public papers; but as Mr Adams goes in the same ship, and has the whole of our transactions during his time, it is not so necessary by this vessel. The disposition of this nation in general continues friendly towards us and our cause, and I do not see the least diminution of it, except among the West India merchants and planters, whose losses have rendered them a little discontented. Spain has been long acting as a mediator, but arming all the time most vigorously. Her naval force is now very great indeed, and as her last proposition of a long truce, in which America should be included and treated as independent in fact, though not expressly acknowledged as such, has been lately rejected by England, it is now thought, that her open junction with France in the war is not far distant.

The Commissioners here have a power in general terms to treat of peace, friendship, and commerce with European States, but I apprehend this is scarce explicit enough to authorise me to treat of such a truce, if the proposition should again come upon the _tapis_. I therefore wish the Congress to consider of it, and give such powers as may be necessary to whom they may think proper, that, if a favorable opportunity of making an advantageous treaty should offer, it may not be missed.

Admiral Arbuthnot, who was going to America with a large convoy and some troops, has been detained by a little attempt upon Jersey; and contrary winds, since that affair was over, have detained him further, till within these few days.

Since I began writing this letter, I have received a packet from the Committee, by way of Eustatia and Holland, sent by Mr Lovell, containing his letters of December the 8th, January the 29th, and February the 8th, with one from the President, dated January the 3d. Several papers are mentioned as sent with them, and by other opportunities, but none are come to hand, except the resolution to postpone the attempt on Canada, and these are the first despatches received here since the date of those sent by the Marquis de Lafayette. I have just received a letter from Mr Bingham, acquainting me, that the ship Deane, and the General Gates, are just arrived at Martinique, and apply to him to be careened, refitted, and procure a fresh supply of provisions; and that though he has no orders, he must draw upon me for the expense. I think it right to acquaint you thus early, that I shall be obliged to protest his bills.

I have just obtained from his Majesty orders to the government of Guadaloupe, to make reasonable reparation to Captain Giddens of Newbury for the loss of his vessel, sunk in mistake by a battery of that island. Great preparations are making here, with much activity in all the sea ports, taking up transports, and building small vessels proper for the landing of troops, &c. so that many think an invasion of England or Ireland is intended. The intention, whatever it is, may change, but the opinion of such an intention, which seems to prevail in England, may tend to keep their troops and ships at home.

General and Lord Howe, Generals Cornwallis and Grey, Colonel Montresor, and Captain Hammond, and others, have formally given it as their opinion in Parliament, that the conquest of America is impracticable. This week, as we hear, John Maxwell, Joseph Galloway, Andrew Allen, John Patterson, Theophilus Morris, Enoch Story, and Jabez Fisher are to be examined to prove the contrary. One would think the first set were likely to be the best judges.

Be pleased to present my dutiful respects to the Congress, and assure them of my most faithful services.

I have the honor to be, &c.

B. FRANKLIN.

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TO JAMES LOVELL.

Passy, June 2d, 1779.

Sir,

I received a few days since, via Eustatia and Holland, the triplicates of your several favors, of December the 8th, January the 29th, and February the 8th. The preceding copies of the same dates never came to hand. I thank you very much for the newspapers, though the disputes I see in them give me pain. You observe rightly, that the want of good conveyances obstructs much the punctuality of your correspondence. The number of long letters I have written to America has almost discouraged me from writing, except by such an opportunity as this. You may judge of the uncertainty of letters getting to hand, when I tell you, that though you mention the having sent me quadruplicates of my credentials, only those by the Marquis de Lafayette have yet appeared.

I am glad to understand, that you are taking measures to restore the value of your money, by taxing largely to reduce the quantity. I believe no financier in the world can put you upon a more effectual method. The English have had a little flow of spirits lately, from their success against the trade of France, and the news of the imagined conquest of Georgia, but the growing apprehension of a war with Spain, also, begins to sober them, and, like people who have been drunk with drams, they now seem to have both the head and heart ache. The late letters from thence are in a more humble style, and some printed papers by the last post, known to be ministerial, appear intended to prepare the minds of the people for propositions of peace. But these ebbs and flows are common with them, and the duration of neither is to be relied on.

As I do not find, by any of yours, that a long letter of mine to you in July last, has come to hand, I send you herewith a copy of it, (though now a little stale,) as it serves to show my continued good opinion of a gentleman, who, by the papers you have sent me, seems to be hardly used. I have never meddled with the dispute between him and Mr Lee, but the suspicion of having a good will to him has drawn upon me a great deal of ill will from his antagonist. The Congress have wisely enjoined the ministers in Europe to agree with one another. I had always resolved to have no quarrel, and have, therefore, made it a constant rule to answer no angry, affronting, or abusive letters, of which I have received many, and long ones, from Mr Lee and Mr Izard, who, I understand, and see indeed by the papers, have been writing liberally, or rather illiberally, against me, to prevent, as one of them says here, any impressions my writings against them might occasion to their prejudice, but I have never before mentioned them in any of my letters.

Our scheme here for packet boats did not continue.[16] I wish Congress could fall on some method of sending some little light vessels once a month, to keep up a correspondence more regular. Even the receiving of letters of a certain date, though otherwise of no importance, might serve to refute the false news of our adversaries on both sides of the water, which have sometimes too long their intended effect before the truth arrives. I see that frequently little pilot boats, of twentyfive or thirty tons burthen, arrive safe from Virginia; the expense of such would not be great.

I beg leave to recommend earnestly to your civilities M. le Chevalier de la Luzerne, who goes over to succeed M. Gerard, as the King's Minister to the Congress. He bears here a most amiable character, has great connexions, and is a hearty friend to the American cause.

With great esteem, I am, Sir, your most obedient and most humble servant,

B. FRANKLIN.

[16] This scheme may be found in the Correspondence of the Commissioners, Vol. I. p. 284.

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JAMES LOVELL TO B. FRANKLIN.

Philadelphia, June 13th, 1779.

Sir,

By way of Martinique I forward to you gazettes, journals, and one or two pamphlets. The situation of things in Congress has been such for some time past, that the Committee of Foreign Affairs have been drawn on to look daily for some interesting decisions to communicate to you, which must account for their silence many weeks. I am once again left alone, and therefore in too delicate circumstances to give you any detail of matters agitated, but not concluded, respecting your commission. I enclose a late resolve,[17] to which I beg your attention, and I entreat that you will believe me to be, with much respect, Sir, your most obedient servant,

JAMES LOVELL,

_For the Committee of Foreign Affairs_.

[17] _In Congress, June 5th, 1779._--"_Resolved_, that the Committee for Foreign Affairs be directed to write immediately to the Commissioners at the Court of France, and desire them to transmit an account of their proceedings in Mr Beaumarchais's accounts, pursuant to the order of Congress of the 13th day of April, 1778."

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JAMES LOVELL TO B. FRANKLIN.

Philadelphia, July 9th, 1779.

Sir,

I send by this opportunity journals and gazettes, with some letters, which were to have gone by way of Martinique some time ago, with others that I hope will reach you by that channel. I add a complete set of Journals, as far as they are printed, viz. 1st volume, 2d volume, and from January 9th to June 12th this year, with two spare pamphlets of Nos. 2, 3, 11, 12, to make those already sent complete. Perhaps I may have the honor of writing again before the vessel sails out, though she is now falling down the river.

Your most obedient humble servant,

JAMES LOVELL,

_For the Committee of Foreign Affairs_.

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JAMES LOVELL TO B. FRANKLIN.

Philadelphia, July 16th, 1779.

Sir,

We find by the Minister of France, that your appointment has given high satisfaction to his Court, and we are encouraged to expect proofs of its most confidential reliance upon your character. We have not had a line from you of this year's date; indeed, I believe your latest is November the 7th, 1778. Two days ago we received several letters from Doctor Lee and one from Mr Izard; the latter of March 4th, the former up to April 6th. The vessel was from Rochelle about the middle of May.

It was unfortunate that we did not get the information of Mr Lee earlier, respecting the designs of the enemy against Connecticut. They had accomplished a part of them a few days before. Will no one under a commission from these United States retaliate on the coast of England, for the burning of our beautiful Fairfield. A single privateer might, I think, show there a striking sample of the species of war carried on by Britain against America. We are told this evening, that General Lincoln has had an advantage over Prevost, in an open field fight, in which the militia behaved to admiration, on the 20th of June.

We forward two letters for "our great, faithful, beloved friend and ally, Louis Sixteenth, King of France and Navarre." We submit, however, the superscription to your judgment.

You will manage the invoices by your best abilities. The probability of success was held out to us by one, who doubtless makes known by this opportunity how much our present circumstances render such aids essential to us. A report of the treasury, respecting the just stipend of our late and present Ministers at foreign Courts, is not quite determined upon. A decision is peculiarly necessary as to Mr Lee and Mr Izard, after the proceedings here of June 8th. I put up for you a set of the Journals, which have been printed this year, adding some spare numbers to complete what have been sent in part of No. 15.

Presuming from report, and a passage of a letter from Doctor Lee, that Mr Adams is on his return hither, we do not write to him more. Should he remain in France, we beg he may be made acquainted with the cause of our omission. Good as this opportunity is, we expect a much better one shortly, when we shall renew assurances of being, &c.

JAMES LOVELL,

_For The Committee of Foreign Affairs_.

_P. S._ The letters and papers respecting M. de Francy's agency, were only this day delivered to us from the Secretary's office; but M. de Francy had sextuples before.

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INSTRUCTIONS FROM CONGRESS TO B. FRANKLIN.

In Congress, August 14th, 1779.

Sir,

Having determined, in order to put a period to the present war, conformably to the humane dispositions, which sway the allied powers, that we would not insist on a direct acknowledgment by Great Britain of our right in the fisheries, this important matter is liable to an incertitude, which may be dangerous to the political and commercial interests of the United States; we have therefore agreed and resolved, that our right should in no case be given up; that we would not form any treaty of commerce with Great Britain, nor carry on any trade or commerce whatsoever with her, unless she shall make an express stipulation on that subject; and that if she shall, after a treaty of peace, disturb the inhabitants of these States in the exercise of it, we will make it a common cause to obtain redress for the parties injured.

But notwithstanding the precautions, as Great Britain may again light up the flames of war, and use our exercise of the fisheries as her pretext; and since some doubts may arise, whether this object is so effectually guarded by the treaty of alliance with His Most Christian Majesty, that any molestation therein on the part of Great Britain is to be considered as a _casus federis_, you are to endeavor to obtain of his Majesty an explanation on that subject upon the principle, that notwithstanding the high confidence reposed in his wisdom and justice, yet considering the uncertainty of human affairs, and how doubts may be afterwards raised in the breasts of his royal successors, the great importance of the fisheries renders the citizens of these States very solicitous to obtain his Majesty's sense with relation to them, as the best security against the ambition and rapacity of the British Court. For this purpose, you will propose the following article, in which nevertheless such alterations may be made, as the circumstances and situation of affairs shall render convenient and proper. Should the same be agreed to and executed, you are immediately to transmit a copy thereof to our Minister at the Court of Spain.