Part 23

Resolved, That the Governor of Virginia, be requested to cause diligent inquiry to be made into the truth of the above representations, and to transmit to Congress the evidence he may collect on the subject.

Resolved, That Congress will retaliate for cruelties and violations of the laws of nations committed in these States, against the subjects of his Most Christian Majesty, in like manner and measure as if committed against citizens of the said States, and that the protection of Congress shall be on all occasions equally extended to both.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 25th, 1779.

Sir,

I have received with the most lively satisfaction the letter with which you honored me on the 24th of this month, as well as the resolutions of Congress of the same date, which accompanied it, and which relate to the atrocious actions committed by the enemy's troops in Virginia, which violate equally the laws of war established between civilized nations, and the first principles of humanity, and attack the foundations of all human society.

The whole world cannot but be convinced of the justice of the necessary measures to which the conduct of the common enemy compels Congress to have recourse, in order if possible to put an end to such horrible excesses.

I must confine myself here, Sir, to requesting you to place before Congress this assurance of the sensibility with which the King, my master, and the whole French nation will receive the strong proof of friendship, union, and identity of feelings and interests, which the United States give in declaring, that they will make no distinction, in this respect, between their own subjects and those of their ally. This will give the common enemy a new evidence of the inviolability of the alliance which unites the two nations, and will afford the French, who have already given so many proofs of their individual attachment to the sentiments of the alliance, and of their zeal for the United States, a new motive of encouragement. By thus increasing more and more the connexions and the mutual confidence, the means of braving the effects of the ambition and the revenge of the common enemy will be increased.

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

GERARD.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 27th, 1779.

Sir,

The Minister Plenipotentiary of France, in consequence of the sentiment and the views, which have prompted his previous representations, has the honor to observe to the representatives of the United States of America in Congress assembled, that independently of the principal and direct interest of the confederated republic in the overtures of pacification, which the undersigned has been ordered to make to Congress, the general good of the alliance urges with all possible earnestness the hastening of the resolution of the said States. It is in fact only by enabling the Court of Spain to bring its mediation to its critical and decisive point, that it can be hoped that this power, convinced of the injustice of the views and of the ambition of England, will join the alliance, acknowledge the independence of the United States, and take an active part in the war. On the contrary, by delaying without communicating to the parties interested the motives which induce them to it, the States will be in danger of fatiguing this power, which keeps on foot the forces of the whole monarchy, principally with a view to give respectability to a mediation which appears to be neglected; they incur the risk of cooling the good will of his Catholic Majesty, and perhaps of alienating him as much by delays, as if resolutions, contrary to the system which he has appeared disposed to favor by his mediation, should give him lawful reasons for changing his conduct.

The alliance will thus be deprived of a decisive support, which the goodness of its cause, the wisdom of its conduct, and the close union subsisting between France and Spain seemed to promise it. Moreover, the suspension of the said resolutions operates equally in another point of view, in a manner the most disadvantageous for the alliance in general, and for France in particular. On the one side, in fact, the expectation of the resolutions of Congress necessarily infuses into plans and measures an uncertainty injurious to the common good, and if the Count d'Estaing does not carry into execution the plan of coming upon the American coast, it can only be attributed to this cause. On the other hand, the season is already so far advanced, that this same uncertainty, by destroying the hope of seeing Spain declare herself during the course of the present campaign, leaves France alone exposed to the efforts of the principal body of the enemy's forces.

The wisdom of Congress, and the faithful attachment which they show on every occasion, in a manner as conspicuous as it is satisfactory to the alliance, and the respect which they have always expressed for Spain, do not permit a doubt as to the attention which they will be pleased to give to considerations of such importance. The present Memorial is the last tribute that the zeal of the Minister Plenipotentiary of France will allow him to consecrate to the duty of facilitating and accelerating, as much as lies in his power, the deliberations of Congress, by suggesting considerations which might have such an influence.

GERARD.

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_June 22d._ A Memorial from the Minister Plenipotentiary of France was read, accompanied with a commission given by him to the Sieur de St Hilaire, appointing him Vice-Consul for the port of Alexandria in Virginia. Ordered, that the same be referred to the Marine Committee to take order thereon.

Another Memorial from the Minister was received and read, accompanied with two Memorials relative to violences, of which divers subjects of his Majesty complain. These were also referred to the Marine Committee.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, June 21st, 1779.

Sir,

The Minister Plenipotentiary of France has the honor to represent to the Congress of the United States of America, that the daily experience of several ports of the continent proves how prejudicial the want of the proper regulations for maintaining the immunity of the flag, which is the foundation of a free commerce, is to navigators, to French merchants, and even to the interests and to the honor of the French nation. The treaty of commerce has foreseen this state of things, and has expressed the wish of the two parties to remedy it. The undersigned would have proposed to Congress, some time ago, to enter upon this negotiation, had he not perceived that their time was occupied by subjects of greater importance; but as the evil increases daily, it becomes indispensable and urgent to provide a remedy for it, at least with regard to the most pressing subjects, and by provisional regulations, which will have no force till the contract, stipulated by the treaty of commerce, is made.

The Minister Plenipotentiary consequently thinks it his duty to lay before Congress the annexed plan, and to propose a method, which seemed to him calculated to effect this object.

Several States, perceiving the inconveniences of the present uncertainty, seemed disposed to provide a remedy for it by domestic laws; but the undersigned has not been willing to urge them, without being previously informed of the sentiments of Congress on this subject. He consequently requests that body to be pleased to inform him of them, and if they think proper that the daily complaints should be redressed by provisional regulations, while waiting till the subject shall be acted upon by a convention, to recommend this matter itself to the Legislatures of the several States. The regulations which they may make will show by experience, whether they are calculated to effect this object. They will throw light upon the rules observed among all commercial nations, and will give to the United States in general an opportunity of becoming acquainted with the manner in which the commerce between the two nations can be regulated, according to the principles of justice and equality, which should form the foundation of all the connexions that shall subsist between them, and according to the principles and forms which vary in different States.

GERARD.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 5th, 1779.

Sir,

The Minister Plenipotentiary of France, has already had the honor to recommend to Congress the request made by the King's navy agent in relation to the expedition of the ship Defence, loaded with provisions for Cape François. He renews his entreaties by the present Memorial. The quantity of provisions on board this vessel is so inconsiderable, particularly considering the abundance of old grain which we see now, that the undersigned hopes that Congress will think that the exportation of them may be allowed, without injury to the service of the army or of the public. The undersigned, however, offers to have these same provisions received, so as to be deducted from the quantity promised for his Majesty's squadron, and particularly the flour, on account of the thousand barrels, to which the eighteen thousand, promised for the same service, have been reduced. The want of provisions is so great at Cape François, particularly in the vessels of Count d'Estaing's squadron, which are stationed there to protect the reciprocal commerce, that the said Minister is ready to subscribe to whatever conditions Congress shall think proper to impose with regard to this expedition. But he requests with the greatest earnestness, that they would be pleased not to defer giving a positive answer, in order not to increase, if its decision is in the negative, the costs and expenses which the King will be obliged to pay to the proprietors and fitters out of the said vessel.

With regard to its destination, the undersigned had thought that he could flatter himself, that his character and conduct would prevent the doubts which a member of Congress has communicated in writing to the King's navy agent. Nevertheless, as so weighty a suspicion, declared in so serious a manner, and impeaching the probity and fidelity of the officers of the King, acting immediately under the direction of the said Minister, cannot have been suggested to Congress without important reasons, the undersigned entreats and requests them to be pleased to cause an account to be rendered of the reasons of his suspicions, and of the facts upon which they may have been grounded. The undersigned requests further, that the result of this verification may be communicated to him, in order that he may be in a situation to take the further part, that the dignity of the King, his respect for Congress, his regard for the public interest of America, and the delicacy which ought to characterise the conduct of every public man, may require.

The undersigned makes the same request, and for the same reasons, with regard to the accusation made to Congress, that the vessels, which have been fitted out in the name of the King, have been loaded with quantities of flour on individual account. He declares that his first rule has always been to cause the whole of the vessels to be freighted on his Majesty's account; but if any frauds have been committed in this matter, it is of equal importance to the public good, and to the dignity of the King, that its authors should be known, in order to prevent further frauds. The delegates to Congress, by a verbal declaration made to the King's navy agent, have confined this imputation to one vessel alone, but it is not less important that the fact should be verified.

Besides, although the Minister Plenipotentiary of France insists on this point, in order to make these odious imputations fall on those who may deserve them, he could have contented himself with declaring, that not having the right of police and inspection over the proprietors, owners, and Captains of the American vessels, which have been employed in these transportations, and who ought to be better acquainted than strangers with the laws of the country, it is only the officers of the State, appointed to receive the declarations of the ships which sail from the ports, who can, in examining the cargoes, determine the frauds which may have been committed; and that without directly and positively blaming the officers of the King, they cannot be made responsible for frauds, which it is not in their power to prevent. Very far from desiring any connivance on the part of the officers or of the governments of the different States of America, the undersigned earnestly desires, that they would be pleased to execute with vigor the powers which belong to them, and the laws which may have reference to these subjects.

The undersigned hopes that Congress will be pleased not to defer its resolution, whatever it may be, respecting the ship Defence, till the verification of these facts. The two affairs have nothing in common, and the Minister Plenipotentiary, in repeating his offers expressed above, flatters himself that Congress, if they think proper to permit this expedition, will find that these arrangements can be made even after the departure of this vessel.

GERARD.

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This Memorial being read, it was immediately

Resolved, that it be recommended to his Excellency the Governor of Maryland to permit the ship Defence, which is loaded with provisions for the fleet of his Most Christian Majesty, to depart and carry her cargo to the place of her destination, and that care be taken that she carry no other provisions than the above, and what may be necessary for the crew.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 5th, 1779.

Sir,

The Minister Plenipotentiary of France has the honor to represent to Congress, that faithful to the promises which that body has asked for, on his part, in relation to the purchase of provisions destined for the squadron, which the King sent last year to the assistance of the United States, he has never authorised any purchase except through the very overseers appointed by Congress, or without giving notice of the operation to the members of the committees intrusted with this business. He has declared to them several times, that the provisions bought on the account, and with the money of the King, would always remain at the disposal of Congress, either for the public service, or for that of the American army. The undersigned hopes, that their members will be witnesses of it to Congress. Delicacy has been carried so far, that it has been preferred to expose the King's squadron to the want of provisions, which it has procured only in consequence of some happy accidents, rather than to break through an arrangement which Congress had judged necessary. The same principle has guided the conduct which has been pursued in the last place, when the undersigned, by his knowledge of the chief motives of Congress, having been obliged to demand the assurance of a certain quantity of provisions, the difficulty of circumstances induced him to combine purchases by way of commerce with the direct measures which Congress has judged proper to take. As Congress must have been informed of all that has taken place on this subject, the undersigned will not introduce it again here, and he will abstain from all reflection.

He confines himself to representing to Congress, that the produce of these private purchases is reduced to a very small quantity, by the obstacles which the continental officers have thrown in their way, and by the seizure, by authority, of the articles bought, as well as by other similar events; and the agents employed on the King's account, being thus deprived of the security and of the power which every American citizen, and every foreign merchant enjoys, and the property of the King being so uncertain and exposed, the undersigned begs Congress to be pleased to cause all the provisions bought on the account and with the money of his Majesty, to be placed in the hands of the officers whom they shall judge proper to appoint for this purpose, in order that Congress may dispose of them in such manner as their own prudence and the public interest shall dictate; the undersigned declaring, that from the moment in which he was informed of these proceedings and of these obstacles, he has given order to put an end to every kind of purchase and supply of provisions. He annexes here the note of the provisions now in the hands of the King's agents; and if the commissions given heretofore have produced a greater quantity of them, he will have the honor to give notice of it to Congress, according as he shall be informed of it himself.

But he must at the same time call the attention of Congress to the proposition, which he had the honor to make to them by the Memorial which contains the request for this new supply, that is to say, that they would be pleased to declare, whether the Minister Plenipotentiary of France may reckon upon the quantity of provisions, which are necessary for the important object which he has had the honor to communicate to Congress. In order to facilitate the success of his measures on this subject, the undersigned confines himself at the present time to requesting, that the quantity of five thousand barrels of flour may be immediately held in readiness. The remainder can be furnished in the course of September next, from grain the product of this year's harvest.

The reasons alleged in the said Memorial compel the undersigned to repeat to Congress the formal demand of a prompt and explicit answer, with which he has not hitherto been honored. Congress has too much wisdom for any one to allow himself to set forth to it all the inconveniences which might result to America, and to the alliance from the least delay. The reports hitherto communicated are so uncertain, that it is impossible to make them the foundation of a confidence, which the experience of the past does not encourage, unless Congress authorises them by its sanction. A formal and explicit assurance on the part of Congress can alone effect an object so important, upon which the Minister Plenipotentiary of France has insisted since the month of May, and which the advancement of the season renders still more critical and pressing.

GERARD.

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REPORT OF A COMMITTEE RESPECTING A CONFERENCE WITH THE MINISTER OF FRANCE.

In Congress, July 10th, 1779.

The President informed Congress, that the Minister of France had communicated to him certain intelligence, about which it would, in his opinion, be expedient for Congress to confer with the Minister.

Resolved, That the honorable M. Gerard be informed by the President, that Congress are desirous of conferring with him in a committee of the whole, on the subject of the intelligence communicated by him to the President, and that if agreeable to him, a private audience be had on Monday next, at 12 o'clock.

_Monday, July 12th._ The President informed the house, that he had communicated to the Minister of France the resolution of Saturday, and that the Minister had agreed to meet Congress, in a committee of the whole, at 12 o'clock. Whereupon Congress was resolved into a committee of the whole, and had a conference with the Minister, and on the 14th of July, Mr Laurens, chairman of the committee, reported,

That in obedience to the order of Congress, the committee of the whole have conferred with the Minister Plenipotentiary of France, who introduced the conference by saying, that he had received some despatches from his Court, which he was ordered to communicate to Congress, but that he expected no answer. That though it was not the usual practice to offer communications of this nature in writing, yet as it had been intimated to him by the President, that this mode would be most agreeable to Congress, he had committed the heads of them to paper, not as a Memorial, but merely for the assistance of the memory, in a form to which the term of "_ad statum legendi_" is appropriated by the usage of the Courts of Europe; that in reading the said paper he would take the liberty of making some explanations and reflections.

That he then proceeded to read the paper herewith delivered, marked No. 1, divided into seven Articles, and at the close of each separate Article he added explanations and reflections, the substance of which the committee have endeavored to recollect, and have committed to writing in the paper marked No 2.

NO. I.

_Ad statum legendi._

1st. The King has approved all the overtures, which were made by his Minister Plenipotentiary to the Honorable Congress, respecting the affairs of M. de Beaumarchais. Therefore a line ought to be drawn between the stores, which this gentleman has been permitted to take out of the royal magazine, for which he has made himself debtor to the department of war, and between those articles which the same gentleman has bought in the common way of trade for the use of the United States.

2dly. A hint having been given to the Minister Plenipotentiary, that Congress desire to recruit their ships in France, from the English prisoners there, the Court in consequence of his representations is willing to facilitate this mode of recruiting seamen.

3dly. The King and Ministry were extremely pleased with the resolution, which Congress has taken, to maintain only one Minister Plenipotentiary at this Court, as well as with the exclusive appointment of so steady and honest a man, and so firm and solid a patriot, as Dr Franklin.

4thly. The Congress has given very great satisfaction to the Court of France, by the timely and spirited step, which was taken to disavow a certain ill-grounded and pernicious doctrine, relating to the mutual obligations of the allies, to conclude no truce or peace without the knowledge or consent of each other. The Court of France is of opinion, that this doctrine could only be maintained by those men, whose aim it was by any means to weaken the ties of the alliance, and to create disgust and diffidence between the allies.

5thly. The Court has received with some surprise the intelligence, that Congress has published the treaties concluded with it, without the previous knowledge and consent of the party interested. It is not to be denied, that such a proceeding is but little consistent with reason, and with the general practice of Courts and nations. Nevertheless, this observation involves not any kind of reproach, but the King thinks, that so noble and generous a system of politics could but produce desirable effects by its publication.

6thly. The intelligence, that in the first month of last winter there were no adequate preparations made in America towards a vigorous and successful campaign, was received at Versailles with all the concern, which the danger of the United States and the prolongation of the present contest can create in the most friendly mind. The Court of France is fully in the opinion, that the exertions of the United States are necessary to bring the common enemy to a proper sense of all the disappointments which he shall meet with.