Part 22

It is in consequence of these same dispositions and of this same disinterestedness, that his Majesty, although he has made no engagement to furnish supplies of money to the United States, and although the active and direct war which he is carrying on against the common enemy absorbs his resources, and ought to exempt him from all accessory and entirely voluntary expenses, is desirous to contribute to the re-establishment of the American finances, so far as his own necessities allow him to do so. He has thought that he should partly fulfil this object, by securing the payment of the interest on the loans, which have been stipulated to be paid in France, presuming that the credit of one of the public funds of the States would effectually contribute to the support of the others, and to the success of the measures, which the wisdom of Congress may adopt on this subject. A society of bankers, established under the authority of the King, has consequently taken upon itself to make the necessary advances, in the form of a loan made to America. The undersigned has not yet received the exact details of this arrangement, but he will have the honor of communicating them, so soon as he shall receive them.

The confidence which the King places in the reciprocal attachment of the United States of America to the alliance, can alone induce him to determine upon proceedings, which are useful only to America, burdensome to France, and destitute of all advantage for her. His Majesty hopes to receive reciprocal proofs of these sentiments and feelings, but he neither demands nor expects anything for himself on the part of Congress. He only desires, that the States should employ all the resources at their disposal, in order to provide for their own security and tranquillity.

GERARD.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 9th, 1779.

Sir,

The Minister Plenipotentiary of France, having thought it his duty to take upon himself to inform the Count d'Estaing of the desire, which Congress had expressed to him, that the King's squadron should come to the assistance of Georgia, this Vice-Admiral has just replied, that the superiority of the enemy in the Islands had not till this time, permitted him to leave those latitudes; but that in consequence of the intentions of his Majesty, which are, to grant to the United States, his allies, all the assistance compatible with the security of his own possessions, and with the general position of affairs, he proposes to sail immediately to the Southern coasts of the States, and to exert himself for the deliverance of Georgia, and the preservation of the Carolinas. From thence the King's squadron will sail to the mouth of the Delaware, and its further operations will depend upon the agreement that shall be made between Congress and the commander of his Majesty's forces, and will be calculated for the greatest advantage of the United States.

The undersigned has no doubt, that this new proof of his Majesty's generous and disinterested friendship strengthens the confidence, with which these engagements and his conduct must have inspired the governments and people of America. Facts so evident will serve, on the other hand, to confound those ill-disposed men, who, by silent and clandestine insinuations, destitute of all proof, and of all probability, directed solely by private views, and evidently opposed to the honor and interest of the confederated Republic, seek to sow distrusts and jealousies, of which the common enemy alone can reap the advantage.

The undersigned must add to the details above given, that it is impossible for the Count d'Estaing to carry provisions from Martinique sufficient for the campaign, which he proposes to make in the seas of North America. He hopes that Congress will be pleased to give the most precise and effectual orders for their being got in readiness and placed on the coast, so that the squadron may easily take them on board. The undersigned Minister, hopes that Congress will be pleased to inform him successively of what shall be done on this subject, since the said Minister must be personally responsible for these measures, the failure of which would expose to the greatest misfortunes the forces, which the King has destined to bring direct and immediate assistance to the United States, although his engagements, which he will always scrupulously fulfil, do not impose this duty on him.

GERARD.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 9th, 1779.

Sir,

When the Congress of the United States did me the honor to ask my concurrence in inducing the Count d'Estaing to assist Georgia, I asserted, that this Vice-Admiral, in conformity with the intentions of the King, would do all that circumstances should permit. I proposed at the same time the means of proceeding to the execution of this plan; but Congress observed an entire silence, and did not deign to inform me of their resolution. It was only through a public channel, that I learned that the plan was abandoned; but my zeal having led me to write previously to the Count d'Estaing, and having received the answer of this Vice-Admiral, I do not think, Sir, that the interest of the alliance and of the United States allows me to act according to the presumed negative resolution of Congress, and I request you consequently to submit to that body the annexed Memorial.[25]

I have the honor to be, with the highest esteem, Sir, your humble and most obedient servant.

GERARD.

FOOTNOTE:

[25] This Memorial is missing.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 19th, 1789.

Sir,

I take the liberty of addressing to you a note of Don Juan de Miralles, concerning the Spanish ships carried into New England, and beg you to lay it before Congress, and to represent to them, that there is reason to fear, if the appeal which the council of Boston has reserved to itself should be decided before any measures be taken by Congress, the ships and merchandise will be sold, to the irreparable loss of the Spaniards.

I have the honor to be, with sentiments of the greatest respect, Sir, your most obedient humble servant.

GERARD.

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MEMORIAL.

Translation.

Don Juan de Miralles, who, under date of the 21st of April last, had the honor to present a Memorial to his Excellency M. Gerard, Minister Plenipotentiary of the Court of France to the United States of America, to inform him of the proceedings of different privateers, with the flag of the said United States, against three vessels lawfully provided with the Spanish flag, which had sailed, one of them from London for Cadiz, and the two others from Cadiz for England, loaded with merchandise belonging, as well as the said vessels, to subjects of his Catholic Majesty, his master, which have been carried into different ports of New England, under the jurisdiction of the Province of Massachusetts, and that the respective indictments have been drawn against them before the Court of Admiralty of the city of Boston, where the cargo of one of the said vessels which sailed from London has been condemned, to the profit of the owners and crew of the privateer which captured her; another of the said vessels, which sailed from Cadiz, has also been condemned, and there is no doubt that the third has suffered or will suffer the same fate.

Don Joseph de Llanos, Captain of the vessel which sailed from London, and Don Joachin Garcia de Luca, of the other which sailed from Cadiz, which, as has been said, have been condemned, have sent me an express, with copies of the said proceedings, which I have had the honor, in concurrence with the said M. Gerard, and in his presence, to deliver to his Excellency the President of the Honorable Congress, who was so kind as to receive them, and to offer to lay them before the Honorable Congress, in order that it may take into consideration an affair of so great consequence, and be pleased to order what is just, as well as it regards the interest of the proprietors of the vessels and cargoes, as the honor due to every neutral flag, and particularly to that of his Catholic Majesty.

Having learnt, that considering that the said court of Boston has not agreed to grant to the said condemned Captains the appeal, which they have made from their sentences to the said Honorable Congress, and which has only been referred to the Supreme Court of the said Province of Massachusetts, they are to judge the said indictment definitively, in the last resort, and that there is no doubt that the first sentences pronounced by the Court of Admiralty of Boston will be confirmed; the said Don Juan de Miralles earnestly requests his Excellency, the said M. Gerard, that he would be pleased to interpose his influence and his mediation with the said Honorable Congress, in order that it may have the goodness to pass a resolution ordering the said Supreme Court of Massachusetts, and every other tribunal, to suspend every proceeding and determination with regard to the aforesaid three Spanish vessels and their cargoes, until the said Honorable Congress shall have decided definitively on this affair, and that this may be done soon, so that the order, which it may be pleased to give, may arrive at Boston before the said 5th of June next, which is the time at which the said causes are to be judged definitively and in the last resort.

JUAN DE MIRALLES.

_Philadelphia, May 18, 1779._

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The foregoing letter from the Minister of France, together with that of Don Juan de Miralles, was referred to Mr Burke, Mr Duane, and Mr Lovell, who on the 22d delivered in a report, and thereupon Congress passed the following resolution.

Resolved, That the resolutions of Congress passed the 6th day of March last, relative to the control of Congress, by appeal in the last resort, over all jurisdictions for deciding the legality of captures on the high seas, be immediately transmitted to the several States, and that they be respectively requested to take effectual measures for conforming therewith.

Resolved, That the following letter be written to the Minister Plenipotentiary of France, and signed by the President.

"Sir,

"Congress having taken into consideration your letter of the 19th of this month, I am directed to assure you, that as soon as the matter shall in due course come before them, they will attend very particularly to the cases of the vessels, stated in the note from Don Juan de Miralles, to have been sailing under the flag of his Catholic Majesty, and captured by armed vessels under the flag of the United States, and that they will cause the law of nations to be most strictly observed; that if it shall be found after due trial, that the owners of the captured vessels have suffered damage from the misapprehension or violation of _the rights of war_ and _neutrality_, Congress will cause reparation to be made, in such a manner as to do ample justice, and vindicate the honor of the Spanish flag. That Congress have every possible disposition to cultivate the most perfect harmony with his Catholic Majesty, and to encourage the most liberal and friendly intercourse between his subjects and the citizens of these United States.

"But they cannot consistently with the powers intrusted to them, and the rights of the States and of individuals, in any case suspend or interrupt the ordinary course of justice."

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TO THE PRESIDENT OF CONGRESS,

Translation.

Philadelphia, May 22d, 1779.

Sir,

The Minister Plenipotentiary of France, not having been hitherto informed by Congress of the result of their deliberations upon the important overtures, which have formed for more than three months the constant subject of his representations, has reason to presume, that the resolutions relative to them have not yet been passed. Delays, so long and so unnatural, in a matter so clear, and in a juncture which requires so much celerity, and which so essentially concerns the United States, have rendered the undersigned apprehensive lest some doubt had arisen, either as to the main point of the matter, or as to the manner of proceeding, or as to the dispositions and views of the King; and as the said Minister is instructed to conceal from Congress nothing that can be useful to the interests of the United States, he asks permission to submit to them the summary of the most essential things, which seemed to him to deserve attention in the further course of its deliberations.

It is well known, that the direct and essential object of the alliance, which subsists between his Most Christian Majesty and the United States, is to _maintain effectually the liberty, the sovereignty, and the independence, absolute and unlimited, of the said States, as well with respect to government as to commerce_, and consequently, the territorial rights belonging to sovereignty. To this object all the efforts and proceedings of the King are constantly tending. It is in order to attain it, and to procure for the people of America the power of this valuable independence, and the cessation of the evils and dangers under which an active and obstinate war makes them groan, that his Majesty has undertaken a difficult and expensive war against England, without any view of personal interest, and even with the refusal of the advantages which the United States appeared ready to grant him. He has already given brilliant proofs, that his friendship does not confine itself to the mere fulfilment of his engagements. He is in fact disposed to give to the United States all the assistance compatible with the situation of his own affairs, and with the general state of things, and he regards the interests of the United States as his own, in everything that relates to the object of the alliance, and that is conformable to the invariable principles on which his reciprocal connexions with the United States are founded. It is in consequence of his attention to execute literally the treaty of alliance, that he has not lost a moment in informing Congress of the overtures relative to the projected pacification, in entreating them to take without delay that part in this negotiation, which the dignity and interests of the United States require. He has moreover repeated to Congress the promise, that he would not treat with the common enemy, without making it a primary and essential condition, that the independence of the United States should be acknowledged, conformably to the stipulations of the treaty of alliance. His Majesty has at the same time ordered his Minister Plenipotentiary to lay before Congress some considerations relative to the state of affairs, and particularly to observe to them, that the alliance, unless victorious, cannot dictate terms to the common enemy. The undersigned has executed these orders either verbally or in writing.

It is evident then, that his Majesty desires only the tranquillity and prosperity of America, upon the foundation of an honorable and firm peace, conformable to the stipulations of the treaty of alliance. He rejects every idea of conquest and acquisition of territory for himself. In order promptly to attain this advantageous object, and to fulfil his engagements, he is disposed to carry on the war with vigor, if the common enemy refuses the pacific system, which his Majesty has announced to the whole world, and which the United States adopted on signing the alliance. But in case that the perseverance of the Court of London in the desire to subdue, or to conquer America, should prolong the calamities of the war, his Majesty will consider himself at liberty to concert with the United States all the further measures adapted to this new order of things, and conformably to the mutual interests of the allies and of the common cause. It is thus that the King fulfils, and proposes to fulfil, the duties resulting from Articles 1st and 8th of the treaty of alliance, by urging on one side the United States to participate in the negotiation, which can conduct to the conclusion of a truce and of a peace, by making common cause with the said States, and on the other side, by enabling the two allies mutually to assist each other by their good offices, their councils, and their forces, as circumstances may require; in fine, by showing his perseverance, conformably to Article 8th, in the resolution not to lay down arms till independence shall have been formally or tacitly acknowledged. But as this last stipulation limits his Majesty's engagements on this subject to the very time of this acknowledgment, if England immediately agrees to this essential condition, his Most Christian Majesty will have fulfilled all his positive and direct engagements in relation to the conclusion of peace.

It follows from these observations,

1st. That the King has engaged to procure for the United States, by means of arms, the acknowledgment of their independence, and that his Majesty is faithful to fulfil this obligation, and even disposed to lend them assistance, to which he is not obliged by the treaty.

2dly. That he has made no other engagements than those expressed in the stipulations of the treaty.

3dly. That the United States have neither title nor right to require anything more, and that if they wish to persuade him to further engagements, it can only be voluntary on his part, and by uniting _reciprocal counsels_, conformably to the expression of Article 1st of the treaty, and as is proper for _good and faithful allies_. Even in this case, it is impossible to foresee the state of things and minds in Europe, or to judge what measures the important care of maintaining his reputation, and the system of equity and moderation, which he has made the fundamental principle of his reign, may require on his Majesty's part. These considerations seem particularly due to an ally, when he has contracted gratuitous obligations without any reciprocal advantages.

4thly. By uniting the expressions of Articles 11th and 12th, it will be seen, that the success of the war being alone able to fix the fate of empires, it has been found impossible on concluding the treaty of alliance to determine the possessions that the United States may obtain on making peace; that consequently, the engagement of France can only be conditional and eventual on this subject; that she is not now held to any particular engagement, in relation to these possessions, whether real or pretended; and that this obligation will not commence till the time in which the possessions of the United States shall be fixed by the cessation of the war.

5thly. In fine, it is indispensable to add to these considerations, that when any doubt arises as to the expressions, the extent and the application of the stipulations of a treaty, the laws of reason, and of universal justice, as well as the rules of a good and faithful alliance, decide, that an ally has no right to interpret it arbitrarily and partially; that the attempt would at the same time offend the dignity, and destroy the confidence of his ally; that neither of them can in fact arrogate to himself the superiority in connexions, which ought to be equal and reciprocal; that it is only by a friendly explanation, by a formal agreement, that these doubts can be removed, and the exact meaning of treaties determined; that in short, this method would become still more indispensable, if it should happen, that the pretensions of one of the parties were founded only upon farfetched inductions, subject to discussion and contradiction, and would tend to alter the essential and fundamental system of an alliance.

The Minister Plenipotentiary of France is fully confident, that the Congress of the United States, knowing the laws of proceedings, and the respect which Sovereigns mutually owe to each other, will observe them in their conduct towards his Most Christian Majesty; but the important, critical, and pressing juncture, in which the affairs of the alliance stand at the present moment, imposes on the undersigned Minister the sacred duty of contributing, as much as lies in his power, to hasten the resolutions of Congress, to prevent all mistakes and every subject of misunderstanding, to preserve the most perfect harmony and uniformity of views and sentiments, concerning the accomplishment of the advantageous stipulations of the alliance, and thus to deceive the expectation of the common enemy, who henceforth founds his principal hopes on the divisions, which he is intent upon fomenting. In fine, one of the objects of this Memorial is, to prove, solemnly, the faithful and friendly conduct of the King in this juncture, his Majesty hoping, that the knowledge of this conduct will confirm the governments and people of America in the sentiments of confidence, which the proceedings of his said Majesty have already inspired. It is only by thus placing before the eyes of Congress the indubitable principles expressed above, that the Minister Plenipotentiary of France thought that he could fulfil his duties to the King, his master, and to the alliance, and protect from all reproach his zeal for the common cause between France and America.

If he has deceived himself in his conjectures, as to the immediate and apparent utility of his mode of proceeding, he begs Congress to accept his excuses for having consumed time of so much value, and he flatters himself, that knowing his attachment to the alliance, and to the United States, it will attribute his conduct to these sentiments alone.

GERARD.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 24th, 1779.

Sir,

I avail myself of the first respite, which my sickness allows me, to congratulate you as well as Congress upon the resolution, which I am assured they have taken, in relation to their finances. The execution of the system, which appeared connected with this first operation of a tax, will show to your friends and your enemies the extent of your resources, your firmness, and your ability to make a suitable and efficacious use of them. The eagerness with which the people seemed to expect an arrangement of this kind, gives beforehand the proof of their favorable dispositions and of their good will. This state of things, Sir, cannot but strengthen the very friendly intentions of the King, my master, by the confidence with which your own efforts, and the displaying of the resources of America, will inspire him in your dispositions. It will only remain for you to show vigor in your military operations, in order to destroy the hope entertained by the common enemy, of conquering America; then everything will inspire us with the hope of soon seeing the happy day dawn, in which America will enjoy independence, together with the advantages and delights of peace. Congress has received all the possible assurances of the King's, my master's, desire to hasten that moment, and he is convinced, that Congress will place no obstacle in the way.

I have the honor to be, with respectful esteem, Sir, your humble and most obedient servant.

GERARD.

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_May 24th._ Information being given to Congress of some outrages and wanton barbarities, committed on subjects of France by the enemy, on their landing in Virginia, the following resolutions were passed.

Whereas it has been represented to Congress, that the enemy at the time of, and since their landing in Virginia, have perpetrated the most unnecessary, wanton, and outrageous barbarities, on divers of the citizens of that State, as well as on several of the subjects of his Most Christian Majesty residing therein, deliberately putting many of them to death in cool blood, after they had surrendered, abusing women, and desolating the country with fire,