Part 28

Under these impressions they have ordered a considerable detachment from the grand army to join the troops in Carolina, which, together with the forces already there or on the way, will amount to about four thousand men, exclusive of the militia of the Southern States, whom Congress have called for upon this occasion. Congress have also ordered three of their frigates to Charleston, to be put under the direction of the commanding officer in that department.

This force they conceive will make so powerful a diversion in favor of his Catholic Majesty's army, as to afford probable hopes of their being crowned with success. You will perceive, Sir, that any other co-operation with the troops of Spain is impossible, while Savannah opposes a barrier to a junction of our force. This, from its present strength, it will not be easy for us to remove, till a more decided superiority in this quarter enables us to transfer a greater proportion of our army thither. Unless, in the meantime, the Governor of Havana shall think proper to furnish such aid, as when joined with the forces of the United States in that quarter, will be sufficient to effect the purposes before mentioned. But as Congress were desirous of extending their views still further, and conceiving the conquest of East Florida to be an object of great importance, as well to his Catholic Majesty, as to these States, they have therefore directed me to inform you, and through you Don Juan de Miralles, by whom the intentions of his Catholic Majesty are communicated, that they have given full power to their General commanding in the Southern department to correspond and concert with the Governor of Havana, or any other person or persons, authorised by his Catholic Majesty for that purpose, such plan as can be agreed upon between them for carrying our views into execution.

I am, Sir, directed further to inform you, that though Congress cannot promise any considerable quantity of provisions until the army of the United States are supplied, yet as soon as that can be done, every means will be used to furnish provisions for his Catholic Majesty's Islands and fleet. But in the meantime they conceive, that a large supply of rice may be afforded by the State of South Carolina, while Congress will readily aid the agents of Spain in procuring the same.

I have the honor to be, &c.

SAMUEL HUNTINGTON, _President_.

FOOTNOTE:

[31] See above pp. 373, 375.

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M. HOLKER TO M. DE LA LUZERNE.

Translation.

Philadelphia, January 10th, 1780.

Sir,

I have the honor of transmitting to you the annexed letter, and copy of a late law of the State of Maryland, which I have this moment received from Mr William Smith, a merchant at Baltimore. As it is of a nature to alarm us in relation to all the operations, which have been concerted in the Islands, or contemplated with respect to other places during the course of the ensuing summer; as, moreover, the vessels and store-ships, which I expect from Martinique, to supply the place of those which were destined by the Count d'Estaing for the Chesapeake Bay, and which the officers of the King have thought it their duty to sacrifice and sell to the State of Carolina, with a view to contribute, as far as lay in their power, to the security and defence of that place; as, I say, these store-ships might arrive immediately, and I might be obliged to send them back in ballast, if the corn and wheat, which I have purchased in Maryland, should be seized, and as, thereby, all my transactions and engagements would not only become uncertain, but might terminate in a manner disgraceful to me, and in the failure of the naval operations of the King in America, I cannot forbear to claim, in the most urgent manner, the influence of your character with the Congress of the United States upon this occasion, while I observe to you, that if the law of Maryland is put in execution in relation to the provisions, which I have collected at a great expense and with every possible precaution, I shall, for the future, be unable to take a single step in the service of the King, and shall be obliged to pay large sums to indemnify those with whom I have made engagements.

Your Excellency is aware of the innumerable difficulties, which I have experienced since I have been engaged in this country, in the naval service of the King. They seem to multiply every moment, and have become so great that I am compelled to declare to you, that I cannot guaranty or be answerable for the success of the least operation, unless you shall be able most speedily to persuade Congress to take with each and every State in the Union, decisive and effectual measures to cause respect to be shown to my transactions, carried on in the name and on the account of his Majesty; while I repeat my offers to oblige my agents and correspondents to conform to such suitable formalities, as your Excellency shall think proper to prescribe for the general tranquillity and satisfaction.

I am, Sir, &c.

HOLKER.

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WILLIAM SMITH TO M. HOLKER.

Baltimore, January 7th, 1780.

Sir,

By express I send enclosed a copy of a letter I received yesterday from the Governor and Council of this State, in answer to my application for permission to load the brig Hawk with flour for Cape François, on account of his Most Christian Majesty. You will perceive by this letter, that I am not permitted to proceed in loading this vessel as you direct, nor will any permission for that purpose be granted until the army is supplied.

That the army ought to be supplied, I doubt not you will think right; but that the wheat and flour collected in this port should be taken for that purpose, when I presume a sufficient quantity may be had much more convenient to the army and less prejudicial to your interest, you will, probably, conclude is not so convenient, and might, if duly considered, have been avoided. I am well informed that the public purchasers in Harford county have now on hand upwards of three thousand barrels, which, for a wagon at this season of the year, are at least three days nearer camp than this place. Besides, very considerable magazines must be provided on the eastern shore of this State; and it seems to me, that the distresses of our army have arisen more from the want of carriages to convey a sufficient quantity of flour to camp, than from any other cause.

Be that as it may, I find that the Commissioners for this county are determined to lay their hands on all your wheat and flour, and have already seized some of your wheat, and I doubt not but the whole on the eastern and western shores will be taken as soon as they conveniently can do it. Therefore, I thought it my duty to despatch this information to you by express, that you may take such measures in the premises as you judge best. You will see by the enclosed letter, that no relief is to be expected from our Governor and Council. Perhaps an application to Congress may procure a resolve directing your magazines to be spared, by lending some for the present emergency. But that ought to be taken when most convenient for the army, and least prejudicial to you.

You will please to favor me with a line by return of the bearer, directing whatever steps you may think will be most conducive to the interest of his Most Christian Majesty.

I have the honor to be, &c.

WILLIAM SMITH.

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THE PRESIDENT OF THE COUNCIL OF MARYLAND TO WILLIAM SMITH.

In Council, Annapolis, January 6th, 1780.

Sir,

We received your favor of the 3d instant by express. As the grand object of the "Acts for the immediate supply of the army, &c." is to procure an immediate and full supply of provisions for _our_ army, it was necessary that the Commissioners should be vested with extraordinary powers, that those powers should be accurately defined, and that the mode to be pursued by them should be plainly delineated; which is done. We do not think that flour or wheat purchased for the Marine of France, privileged or exempted from seizure, and we are certain it was not the intention of the Legislature that those articles should be, because such exemption would, in a great degree, if not wholly, frustrate the design of the law.

We deem it our duty to afford the Commissioners every aid in our power to facilitate the execution of the law, and, therefore, cannot at this time grant permission to export flour or wheat purchased by the agents of France; because we should thereby restrain that extensive operation of the act, by which alone we can obtain an immediate supply adequate to our pressing wants. We are sensible, that it is of importance that the Marine of France should be furnished with flour, and it is with the utmost regret that we have refused permission, and nothing could have induced us to do it, but the alarming and distressful situation of our army; and when we have assurances that their wants are relieved, we shall with pleasure grant license as heretofore.

The numerous evils, that would result from procrastinating the supplies when contrasted with the inconveniencies alluded to by you, will, we trust, evince the propriety of our conduct and justify our refusal.

We are, with respect, Sir, &c.

J. T. CHASE, _President of the Council_.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 10th, 1780.

Sir,

The undersigned Minister Plenipotentiary of France, has just received from M. Holker a letter, of which a copy is annexed, in relation to a law, passed by the State of Maryland, to authorise the Commissioners therein named to seize the grain, corn, and rice, which may be found stored in the hands of individuals in that State, and to carry them away. It is to be presumed, that if the General Assembly of Maryland had been informed of the measures taken, at a great expense, to procure supplies for the fleets of his Majesty and for his garrisons in the French Islands, and of the pressing wants which they suffer, they would have excepted from this law the provisions found in the hands of Mr Smith.

The undersigned is about to take suitable measures for inducing the government to refrain from seizing the said provisions, and to replace them in case that they are already seized. He earnestly entreats Congress to be pleased, on its part, to recommend to the Councils and Assemblies of the Thirteen States to refrain, in circumstances of this nature, and in all other cases, from all measures which may cause any uncertainty in the operations of the King's Navy Agents, endanger the success of the plans of the campaign, and expose to want and to the greatest inconveniences the garrisons of the French Islands, the governors of which are previously informed of the measures taken to procure supplies for them in the United States, and in concert with Congress and the respective governments of the States.

The present juncture being of a very pressing nature, the undersigned entreats Congress to be pleased to come to a decision on this subject as quickly as possible. He, moreover, proposes to the Council of Maryland to subject the agents and Commissioners, charged with making purchases on account of his Majesty, to all the legal forms best adapted to prevent every kind of abuse on their part; and he is desirous that the States, in which purchases of this nature may be made, should be pleased to take similar measures.

LUZERNE.

* * * * *

TO GEORGE WASHINGTON.

Translation.

Philadelphia, January 23d, 1780.

Sir,

Advices recently received from Europe make mention of the efforts, which the English have made in Germany to procure recruits and new levies, and of the difficulty they have experienced even on the part of those Courts with whom they had before treated. The greatest part of the German Princes, who have sold soldiers to the Court of London, now blush at these sales, which have excited their subjects against them, and which besides have drained their States. They are reluctant to give troops to a power, that is making war against France, with whom they have always preserved amicable ties, and I am assured, that it is even doubtful whether the English will be able to procure a few recruits to complete the corps they have in America.

I am informed, that these circumstances have determined the British government to make every effort to obtain men in America, whom they cannot procure in Europe, and that Mr Clinton has received orders to spare no pains to effect the exchange or deliverance of the troops of the Convention of Saratoga, and of other prisoners, who are in the hands of the Americans. It is added, that the want of the Court of London for soldiers is so pressing, that General Clinton has been authorised to surmount all the difficulties, which may arise in the negotiation of this exchange, and that he is even permitted in case of absolute necessity to treat with Congress, or their Ministers, on terms of perfect equality, and as with an independent power. He has also equally full liberty to agree upon the number of private soldiers, who may be given in exchange for an officer of any rank whatsoever; and they order him simply to remember in treating of this matter, that an English soldier transported to America is of an infinite price to England, and they exhort him to employ all his efforts to bring about an exchange whatever may be the conditions.

I hasten to communicate these interesting ideas to Congress, and I have learned, that they were confirmed by the event, and that Major General Phillips had in effect drawn on a negotiation, the progress of which had been entirely confided to your Excellency. They prayed me at the same time to send you a communication of these objects, which the Congress think ought greatly to influence the measures, which it will be in your power to take, when you know that the English Commissioners have orders to pass over all difficulties, and to grant all the demands, which may be made, rather than to lose the occasion of reinforcing the army they have upon this continent.

I join to this some extracts, the contents of which have appeared to me of a nature to interest your Excellency. You will see besides, Sir, by the despatch of the British Minister, with what affectation he seeks to make the Thirteen States to be considered as subjected to the English domination, and you will judge of what importance it is to you to treat with the Court of London upon the footing of perfect equality, and how useful an act of this nature may be to the negotiations of Congress in Europe, when they can add to all the facts, of which the Court of Madrid makes mention in its memoir, a cartel regulated on the footing of perfect parity, and which would prejudge beforehand the question of your independence. I congratulate myself, that this negotiation is in your hands, and I am well persuaded, that nothing will pass derogatory to the part, which my Court has taken in acknowledging the independence and the perfect sovereignty of the United States.

I shall intrust to your Excellency, that the King is disposed to send over succors to this continent, of arms and ammunition, but as the events of the sea are uncertain, I believe that it will be proper to make no change in the measures, which may have been taken otherwise to procure them. This news not having reached me till yesterday, I have not yet been able to make a communication of it to Congress.

As you may be retained in your quarters by important considerations, I propose to go to render you my duties in the course of the next month, and confer with your Excellency on objects of great importance, and relative to the measures necessary to push the next campaign with vigor, and to put the American army in a condition truly proper to hold the enemy in check upon the continent, whilst his Majesty and the King of Spain shall display in the other parts of the world all their forces to secure advantageous terms of peace to the allies.

I am, with respect, Sir,

LUZERNE.

_P. S._ This letter will be delivered to your Excellency by M. de Galvan, who has been raised to the rank of Major by your goodness; he desires to merit it anew, and prays me to solicit you to put his zeal in activity. I shall be very grateful for what you may be pleased to do for him. He was particularly recommended to me by the Minister of France. He appeared to me to merit a great deal from his zeal, and from his personal attachment to your Excellency.

* * *

PAPERS MENTIONED IN THE ABOVE LETTER.

No. 1.

Translation.

_Extract of a Memorial communicated by the Ambassador of England to the Court of Madrid, on the 28th of March, 1779._

Let the Colonies expose also their grievances, and the conditions for their security, or for their precaution, in order that the continuance and authority of lawful government may be re-established; and then we shall see if a direct and immediate accommodation can take place. If this same method is preferred in this last case only, let a truce be made in North America, that is to say, a real truce and suspension of arms, during which may be established and secured the liberty and estates of persons of every condition, and let all sort of violence against the respective subjects, or against the estates or effects which they possess, be made to cease. During this truce, the French may treat upon their particular concerns, avoiding thereby the suspicions, to which they would necessarily expose themselves, if they wish to involve in the negotiation their private advantage relatively to the pretended interests of those, whom France with affectation calls her allies; and his Majesty will be able to establish the government of his own dominions, without suffering the humiliation of not receiving, but from the hand of a declared enemy, the conditions which regard this government.

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No. 2.

Translation.

_Ultimatum proposed by the Court of Madrid to the Courts of France and England, dated 3d of April, 1779._

If these overtures or propositions had arrived here immediately after the King had made his to adjust the plan of reconciliation, several difficulties might have been some time since removed, by the modifications, which might have been negotiated, counting upon good faith and reciprocal confidence, as well as the desire of obtaining a peace; but after having lost more than two months, without reckoning the time that uselessly passed before, and after having observed that during this interval they did not cease to make great preparations of war, it must necessarily be suspected, that the object of England is to let glide away the months, which the campaign might still last, to continue the war with vigor. In this case all the efforts of the King to bring back the belligerent powers to peace would be ineffectual. Nevertheless, his Majesty, wishing to give one more proof of his love of humanity, and to make it appear that he has neglected nothing to stop and prevent the calamities of war, has ordered to propose to the two Courts the following plan, which will be on his part an ultimatum in this affair.

"That there shall be an unlimited suspension of arms with France on the condition, that neither of the belligerent powers can break it without advertising the other a year beforehand.

"That with a view of re-establishing reciprocal security and good faith between the two Crowns, by means of this suspension of hostilities, there shall be a general disarming in the space of one month on the side of Europe, in four months on that of America, and in eight months or a year for those of Africa and of Asia the most remote.

"That they shall determine in a month the place where the Plenipotentiaries of the two Courts shall assemble, to treat of a definitive accommodation of peace, and to regulate the restitutions or compensations relative to the reprisals, which have been made without adjudication of war, and to other grievances or pretensions of one or the other Crown. For this purpose the King will continue his mediation, offering in the first place the city of Madrid to hold a Congress.

"That the King of Great Britain shall grant a like cessation of hostilities to the American Colonies, by the intercession and mediation of his Catholic Majesty, a year beforehand, to the end, that he may apprize the said American Provinces, that they are equally ordered to make a reciprocal disarming at the epochas, and for the spaces of time, which have been specified with regard to France.

"That the bounds be fixed beyond which neither of the two parties shall pass from the positions and territories, in which it shall be at the time of the ratification of this arrangement.

"That they may send to Madrid one or more Commissioners on the part of the Colonies, and that his Britannic Majesty may also send others on his part under the mediation of the King, if necessary, in order to adjust all those points and others, which respect this suspension of arms, and the effects which it ought to produce, so long as it shall subsist, and that during this interval the Colonies shall be treated as independent in fact. That in case all the belligerent powers, or any others among them, or even the Colonies themselves, demand that the treaties or accommodations, which are concluded, be guarantied by those powers and by Spain, they shall in effect be so guarantied. And the Catholic King now offers his guarantee for the preliminaries."

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No. 3.

Translation.

_Extract from the Exposition of the Motives of the Court of Spain relative to England._

Among the propositions of the ultimatum of the King of Spain, there is one for which the British Cabinet has affected to have the greatest repugnance, and that is the proposition which imparts, that the Colonies shall be treated as independent _in fact_, during the interval of the truce. It is extraordinary, since it is even ridiculous, that the Court of London after having treated the Colonies during the war as independent, not only _in fact_, but also _of right_, should have any repugnance to treat them as independent only _in fact_, during the truce, or suspension of arms. The Convention of Saratoga, General Burgoyne considered as a lawful prisoner, the exchange and liberation of other Colonial prisoners, the nomination of Commissioners to meet the Americans at their own homes, the act of having asked peace of them, and to treat with them, or with Congress, and a hundred other facts of this nature, authorised by the Court of London, have been genuine signs of an acknowledgment of the independence of the Colonies.

It is the English nation itself, who can best judge and decide, whether all these acts are as compatible with the honor of the British Crown, as would be that of granting to the Colonies, by the interposition of his Catholic Majesty, a suspension of arms to discuss their differences, and to treat them during this interval as independent _in fact_.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 24th, 1780.

Sir,

I have the honor of sending you the credentials, by which M. d'Anmours is provisionally appointed his Majesty's Consul in the State of North Carolina. I entreat you to be pleased to cause them to be invested with the sanction of Congress, by having them entered upon the registers, and by taking the trouble to affix your approval, or causing that of Mr Thompson to be affixed, according to the mode heretofore pursued in similar cases.

I have the honor to be, &c.

LUZERNE.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 25th, 1780.

Sir,