The Diplomatic Correspondence of the American Revolution, Vol. 11
Chapter 12
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TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, October 28th, 1782.
Sir,
The undersigned, Minister Plenipotentiary of his Most Christian Majesty, has had too frequent opportunities of satisfying himself, that Congress fully perceives how intimately the interests of the two nations are connected, not to be convinced that they will learn with pain, that very considerable quantities of provisions have been sent by the Raritan to New York, and along the river opposite to Staten Island. The undersigned Minister cannot enter into the details of this proceeding, which he knows only by reports, though by reports upon which he has the strongest reasons for believing that he can depend. This trade is, moreover, carried on in the most open manner, and he is convinced, that by inquiries, instituted with promptness and secrecy, he shall be able to obtain proofs of it, and to procure the means of putting a stop to it. Cattle of all kinds have served to furnish with provisions the enemy's fleet, which has just sailed down to the Hook. It is asserted, that the quantities sent from the Jerseys are immense, but the Chevalier de la Luzerne thinks it unnecessary to attempt at present, to determine them exactly, and contents himself with observing, that the nineteen vessels thus supplied, will not, perhaps, depart immediately, and that it will be necessary to shut up the channels by which these provisions have reached them.
There are, besides, eight other ships of the line at New York, which they intend to supply with provisions in the same way. Congress are aware how important it is to prevent the enemy from obtaining from the United States the means of putting to sea, and even of supplying the garrison. The undersigned also knows what efforts have been made by that body, on different occasions, to put a stop to those illegal operations, and how desirous it is effectually to guard against them. He also knows, that all the good citizens of the Jerseys grieve to see the enemy obtaining from their own State, supplies, which are employed against the allies of the United States, and he is convinced, that it is only necessary to point out the evil, in order that all may cordially unite in providing a remedy for it.
LUZERNE.
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ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, October 30th, 1782.
Sir,
The Secretary of the United States for the Department of Foreign Affairs has the honor to inform the Minister Plenipotentiary of his Most Christian Majesty, that a petition has been presented in behalf of the owners and officers of the brig Laetitia, commanded by Robert Collins, and commissioned by the United States. That the said brig, while at anchor in the road of Basseterre, on the 3d day of May last, near the Island of St Christophers, captured by her boat a brig called the Francis, belonging to the subjects of his British Majesty, bound from the port of Liverpool in England to the Island of Tortola, and having on board a valuable cargo.
That after the prize had been brought to anchor in the road of Basseterre, by the officers and mariners of the said brig Laetitia, the harbor master of the Island of St Christophers, aided by a guard, took possession of her, under pretence, that she was included in the capitulation, though the contrary appears from the affidavits annexed; that the said prize was afterwards advertised and sold as a prize to the subjects of his Most Christian Majesty, without any condemnation in the Courts of Admiralty of the Island. As the sale of this prize fully demonstrates, that she could never have been included in the number of those vessels protected by the capitulation, it is not doubted, that the justice of his Most Christian Majesty's Ministers will induce them to direct, that the value of the prize be repaid to the legal captors, when the Chevalier de la Luzerne shall have submitted the above state of facts, and the annexed affidavits to their inspection, together with such observations as his own candor and equity will induce him to wake thereon.
ROBERT R. LIVINGSTON.
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TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, November 4th, 1782.
Sir,
Congress, in the year 1780, recommended to the different States to pass laws analogous to the Thirteenth Article in our treaty of commerce. Some States have complied with this recommendation, others, among which is Pennsylvania, have neglected to do it. I know, that several Frenchmen, who have acquired funds in this State do not trust to the protection of prosecutions _de l'echiquier general_ for want of a law of this nature. I entreat you, Sir, to be pleased to procure the passing of such a law, in case that you think, that the said Article of the treaty is not sufficient to secure to them the quiet possession of the funds, which they have acquired.
I have the honor of sending you, Sir, a letter from the Count de Durat, Governor of Grenada, relative to an affair, concerning which I wrote to him, by your recommendation. It seems to me, agreeably to his answer, that those interested should for the future apply to Dr Franklin, to procure satisfaction. You will perhaps think proper to communicate to them the letter of M. de Durat.
You will also find annexed, Sir, some papers relative to an affair, which concerns the United States, or the State of Georgia. Be pleased to let me know what answer I can send to those inhabitants of the Cape who are interested.
I am, Sir, with the greatest respect, &c.
LUZERNE.
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TO GEORGE WASHINGTON.
Translation.
Philadelphia, November 6th, 1782.
Sir,
I duly received the letter your Excellency honored me with on the 25th ultimo, relative to Captain Asgill; it appears that Congress are favorably disposed, respecting him, but they have not yet passed any resolution on that head. When they do, I doubt not it will be favorable.
I have seen with much pleasure a Proclamation of the Governor of the State of New York, to prevent sending provisions to the enemy. The accounts I have recently received on that subject from the States of Jersey and Connecticut, give me more pain than I can express. They are positive, and from people who had ocular demonstration; they prove, that the enemy's fleet could not have quitted New York for some time, if they had not received immense quantities of provisions, living and dead. This commerce is carried on regularly and openly, as if it were peace, or as if the cattle were for your army. Your Excellency knows how important the despatch or detention in fitting out fleets is, and I know the efforts you have made to put a stop to this destructive commerce. I must however entreat you, Sir, to use your influence with the Governors of Jersey and Connecticut, to adopt such measures as may prove efficacious. I am sure there is not a single good citizen in America, who is not hurt at seeing the enemy thus furnished from this continent, and thereby enabled to distress us in the West Indies.
I have the honor to be, &c.
LUZERNE.
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TO COUNT DE DILLON, GOVERNOR OF ST CHRISTOPHERS.
Translation.
Philadelphia, November 8th, 1782.
Sir,
I have the honor of sending you a copy of the depositions of some sailors of the brig Laetitia. I entreat you to be pleased to cause an examination to be made into this affair, for which they have presented a Memorial to Mr Livingston, Minister of the United States for Foreign Affairs, who has sent it to me, in order that I might transmit it to you. I have assured that Minister, that he may rely upon your justice and care, that such restitution shall be made to the plaintiffs, as after the investigation into the affair they shall seem justly entitled to.
I have the honor to be, &c.
LUZERNE.
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TO SIR GUY CARLETON.
Translation.
Philadelphia, November 9th, 1782.
Sir,
It is with much pleasure, that I now have the honor to enclose you the resolution of Congress in favor of Captain Asgill.[13] I am well persuaded, that your justice and humanity will induce you to prevent in future the excesses, that gave rise to this disagreeable affair.
I shall send this resolution to France by different opportunities, and hope it will be forwarded immediately to Lady Asgill, and put an end to the anxiety she has suffered on account of her son. But as it is possible that my letter may arrive later than yours, I beg you, Sir, to transmit it also by the first opportunity, I shall solicit General Washington to permit Captain Asgill to return to Europe on his parole, that Lady Asgill may have her joy complete, and if possible be recompensed for the alarm she has been so long in.
Receive the assurance, &c. &c.
LUZERNE.
FOOTNOTES:
[13] _In Congress, November 7th, 1782._ "On the report of a committee, to whom were referred the letter of the 19th of August from the Commander in Chief, the report of a committee thereon, and also another of the 25th of October from the Commander in Chief, with the copy of a letter to him from the Count de Vergennes, dated the 29th of July last, interceding for Captain Asgill;
"_Resolved_, That the Commander in Chief be, and he is hereby directed to set Captain Asgill at liberty."
_November 8th._ "Resolved, that the Commander in Chief be instructed to call, in the most pointed terms, on the British commander at New York, to fulfil his engagement contained in his letter of the 13th day of August last, 'to make further inquisition into the murder of Captain Huddy, and to pursue it with all the effect, which a due regard to justice will admit.'
"Resolved, that to prevent any misconstruction, which may arise from the resolution directing Captain Asgill to be set at liberty, it be declared, and it is hereby declared, that the Commander in Chief, or commander of a separate army, is, in virtue of the powers vested in them respectively, fully authorised and empowered, whenever the enemy shall commit any act of cruelty or violence, contrary to the laws or usage of war, to demand adequate satisfaction for the same; and in each case, if such satisfaction shall not be given in a reasonable or limited time, or shall be refused or evaded under any pretence whatever, to cause suitable retaliation forthwith to be made; and the United States in Congress assembled will support them in such measures."
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TO SIR GUY CARLETON.
Translation.
Philadelphia, November 9th, 1782.
Sir,
By a letter I have this moment received from New York, I am informed, that M. de la Touche is yet prisoner on board the Lion, or on Long Island. I should be extremely glad if he could be exchanged immediately, promising to return the first officer of the same rank, who shall fall into our hands; or if that favor cannot be obtained, that he may be permitted to come to Philadelphia for some time. I am well aware, that this matter is not properly in your department, but the actual circumstance of the affair, and the letter of Commodore Elphinston to Baron Viomenil, must give weight to your recommendation, if you will please to employ it.
I have the honor to be, &c.
LUZERNE.
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TO GEORGE WASHINGTON.
Translation.
Philadelphia, November 12th, 1782.
Sir,
I hope you will not find it amiss, that I have sent directly to General Carleton the two letters, of which the enclosed are copies. M. de la Touche wrote me, that he was yet detained at New York, and that he would probably have time to receive my answer if it came directly, which induced me to write him by way of Elizabethtown, rather than by Dobbs's Ferry. If there is any impropriety in the step I have taken, I hope your Excellency will excuse it in consideration of the object in view. I dare even to ask your Excellency to enforce my request.
I also take the liberty to request your Excellency to permit Captain Asgill to return to Europe. The situation of his mother has been so unhappy for some time past, that he has a sort of claim on your Excellency's goodness.
I have the honor to be, &c.
LUZERNE.
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GEORGE WASHINGTON TO CAPTAIN ASGILL.[14]
Head Quarters, November 13th, 1782.
Sir,
It affords me singular pleasure to have it in my power to transmit you the enclosed copy of an act of Congress of the 7th instant, by which you are released from the disagreeable circumstances in which you have so long been. Supposing you would wish to go into New York as soon as possible, I also enclose a passport for that purpose.
Your letter of the 18th of October came regularly to my hand. I beg you to believe, that my not answering it sooner did not proceed from inattention to you, or a want of feeling for your situation; I daily expected a determination of your case, and I thought it better to wait that, than to feed you with hopes that might in the end prove fruitless. You will attribute my detention of the enclosed letters, which have been in my hands about a fortnight, to the same cause.
I cannot take leave of you, Sir, without assuring you, that in whatever light my agency in this unpleasing affair may be received, I never was influenced through the whole of it by sanguinary motives, but by what I conceived a sense of my duty, which loudly called upon me to take measures, however disagreeable, to prevent a repetition of those enormities, which have been the subject of discussion, and that this important end is likely to be answered, without the effusion of the blood of an innocent person, is not a greater relief to you, than it is to, Sir, your most obedient, and humble servant,
GEORGE WASHINGTON.
FOOTNOTES:
[14] See other letters respecting Captain Asgill's case, above, pp. 105, 107, 128, 129, 133, 135.
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GEORGE WASHINGTON TO M. DE LA LUZERNE.
Head Quarters, November 13th, 1782.
Sir,
I am honored with your Excellency's letter of the 6th instant, on a subject not more distressing to you, Sir, than to myself. I have at various periods of the war written to Congress and to the States, endeavoring to convince them of the necessity of passing the most vigorous laws, to prevent the inhabitants from furnishing the enemy with provisions. I will write them again and will use every argument I am master of for that purpose. In all other nations, I believe, the persons guilty of that crime are punished with death, and unless the States on this continent will pass similar laws, I see no means of putting a stop to that destructive practice. Anything the military could do in that matter, would be in vain. To post as many guards as would be necessary, would be destructive to the army, as those guards would be continually liable to be cut off by the enemy; and, indeed, the whole army would not suffice to guard the extensive coasts where this illicit commerce is carried on.
I have the honor to be, &c.
GEORGE WASHINGTON.
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GEORGE WASHINGTON TO COUNT DE VERGENNES.
Head Quarters, Newburgh, State of New York, } November 21st, 1782. }
Sir,
After I had the honor of receiving your Excellency's letter of the 29th of July, I lost not a moment in transmitting it to Congress, who had then under deliberation the proceedings of the British Court Martial upon Captain Lippincot for the murder of Captain Huddy, and the other documents relative to that inhuman transaction. What would otherwise have been the determination of that honorable body, I will not undertake to say, but I think I may venture to assure your Excellency, that your generous interposition had no small degree of weight in procuring that decision in favor of Captain Asgill, which he had no right to expect from the very unsatisfactory measures, which had been taken by the British Commander in Chief to atone for a crime of the blackest dye, not to be justified by the practices of war, and unknown to this day amongst civilized nations. I flatter myself, however, that our enemies have been brought to see this transaction in its true light, and that we shall not experience a repetition of the like enormity.
Captain Asgill has been released and is at perfect liberty to return to the arms of an affectionate parent, whose pathetic address to your Excellency could not fail of interesting every feeling heart in her behalf.
I have no right to assume any particular merit from the lenient manner, in which this disagreeable affair has terminated. But I beg you to believe, Sir, that I most sincerely rejoice, not only because your humane intentions are gratified, but because the event accords with the wishes of his Most Christian Majesty and his royal and amiable consort, who, by their benevolence and munificence, have endeared themselves to every true American.
I have the honor to be, with profound respect, Sir, &c.
GEORGE WASHINGTON.
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ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, November 26th, 1782.
Sir,
I have the honor to inform you, that Congress were pleased, on the 12th instant, to pass the enclosed resolution, by which they renew their appointment of Mr Jefferson, as Minister Plenipotentiary for negotiating a peace.
Mr Jefferson's established character, his abilities and the honorable offices he has sustained with reputation in this country, leave no room to doubt that this appointment will be highly acceptable to your Court, when you shall have placed them in that favorable point of view, in which, I persuade myself, you take a pleasure in representing them.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
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TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, November 29th, 1782.
Sir,
I have received the letter, in which you inform me of the renewal of Mr Jefferson's commission, and the resolution of Congress, which accompanied it. I was sorry to see that Minister decline taking part in the negotiation for peace, and I learn with great pleasure, that he is making arrangements for joining the other Ministers to whom Congress has intrusted it. The ability of Mr Jefferson, and the important services, which he has rendered to the United States, are very well known in Europe, and you may be assured, Sir, that all, who are interested in the prosperity and welfare of this country, will approve of the choice made by Congress.
I have the honor to be, &c.
LUZERNE.
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TO GEORGE WASHINGTON.
Translation.
Philadelphia, November 30th, 1782.
Sir,
I received the letters your Excellency honored me with the 13th, 19th, and 22d of this month, and have forwarded yours for the Count de Vergennes. From the reports which I have received from the Jerseys, it appears, that the care of the Legislature and the vigilance you have excited in the Executive, have produced happy effects in stopping the facility, with which supplies were sent to New York. I well know the impossibility of preventing that commerce by means of military guards; but in putting the zeal of the good citizens in activity, I am persuaded some bounds may be put to a practice so destructive to the interests of the United States as well as of her allies.
I am under great obligations to your Excellency for communicating to me what has passed relative to the fleets of the enemy at New York. I beg you to continue this communication, even after M. de Vaudreuil has departed, for by transmitting these accounts to the Minister of Marine, I enable him to judge better of the measures he has to take, knowing the force and movements of the enemy on these coasts.
I have the honor to be, &c.
LUZERNE.
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TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, December 11th, 1782.
Sir,
I have received the letter, with which you honored me yesterday. I have, in consequence, the honor of sending you triplicate copies of a letter, which I wrote to the Count de Durat, Governor of Grenada. Be pleased to send it to the persons whom it concerns, and to recommend to them to annex to it French copies of their Memorial. I hope that it may contribute to their satisfaction. I can only invite the Admiralties of our Islands to take affairs of this kind into consideration.
I have the honor to be, &c.
LUZERNE.
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TO GEORGE WASHINGTON.
Translation.
Philadelphia, December 18th, 1782.
Sir,
I have the honor to enclose your Excellency a letter, which, after having read and sealed, I am to request you to forward with all possible despatch. I hope that the arrival of my despatches will enable me to be more particular. It will be necessary to recommend to the chain of expresses, to hold themselves in readiness to carry on the despatches, which I shall have to send by another Courier.
I have the honor to be, &c.
LUZERNE.
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TO THE MARQUIS DE VAUDREUIL.
Translation.
Philadelphia, December 18th, 1782.
Sir,
I this instant learn by an express arrived from the Capes, that the Danae entered the day before yesterday, and in a thick fog had the misfortune to get aground; probably she will be got off; she is within the Capes. She left France the 8th of November; the express has not brought a single letter, and I do not expect them till tomorrow or the day after. If there are any for you, they shall be sent on with the greatest despatch, and if there are none, you shall have an express with the news. It is said, that there are many packets for the army, and one hundred and eighty thousand livres.
The only Frenchmen of our acquaintance on board are General Duportail and M. de Gouvion.
The whole of the force at Cadiz, as well land as naval, is destined for the West Indies.
I have the honor to be, &c.
LUZERNE.
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TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, December 26th, 1782.
Sir,
The undersigned Minister Plenipotentiary of France has the honor of informing Congress, that his Majesty has received, with the most lively sensibility, the proofs of the measures taken by them on the birth of the Dauphin.[15] The King has ordered the Chevalier de la Luzerne to assure this Assembly, that they could not have manifested their attachment to him, on an occasion more dear to him, and that this circumstance will, if possible, add new force to his affection for the United States, as well as to his wish to establish their happiness upon a permanent foundation.
I have the honor to be, &c.
LUZERNE.
FOOTNOTES:
[15] See the proceedings of Congress here alluded to in the _Secret Journal_, Vol. III. p. 106.
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SUBSTANCE OF A VERBAL COMMUNICATION FROM THE FRENCH MINISTER.
Office of Foreign Affairs, December 30th, 1782.
The substance of a verbal communication made to the Secretary for Foreign Affairs by the Minister of France, on the 30th and 31st of December, 1782, offered to the consideration of Congress on the 1st of January, 1783, by the said Secretary.