Chapter 19

I enclose an extract from a protest made by Captain A. de Neef, commanding the brigantine Berkenbosch, which has been transmitted to Congress, and by them to me, in order that I might inquire into the facts therein alleged. I must beg the favor of you to state them to me as far as they come within your knowledge, that measures may be taken to vindicate your reputation, and that of the American flag, if, as I presume, the charges are ill founded, or to repair any injury, which you may undesignedly have occasioned him.

Complaints have been made to Congress by officers and men, who formerly belonged to the crew of the Bon Homme Richard, and the Alliance frigate, of their not having yet been able to obtain the share of prize money due to them; in consequence of which Congress have directed me to draw a memorial to the Court of France, praying its interposition, in obtaining justice for them. As this whole business, as far as I can collect from the _Concordat_ entered into by you and the gentlemen commanding the other vessels under your command, appears to have been a private transaction, I am at a loss upon what to ground an application to the Court, more particularly as neither of the parties have as yet called upon this office with proof of their having applied to M. Chaumont, or been denied justice by him. You will oblige me by giving me all the light in your power upon this subject, if possible, by the next post.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

THOMAS S. LEE TO ROBERT R. LIVINGSTON.

Annapolis, in Council, April 19th, 1782.

Sir,

We have been duly honored with your several letters of the 12th of November, 1781, and the 18th and 19th of February, 1782, which shall be laid before our Assembly, at their meeting the 25th of the present month, when, we doubt not, their very important contents will meet with the consideration they so well deserve.

Whenever we are possessed of anything, in which the United States are materially interested, we shall with great pleasure communicate it.

The document you require, in consequence of the resolution of Congress, enclosed in the letter of the 18th of February, shall be properly authenticated, and transmitted as soon as the whole can be collected.

We have the honor to be, &c.

THOMAS S. LEE.

* * * * *

ROBERT MORRIS TO ROBERT R. LIVINGSTON.

Office of Finance, April 27th, 1782.

Sir,

His Excellency, the Minister of France, having informed on the part of his Court, that no extraordinary sums will be paid to the Ministers of the United States in Europe, I must request that you will furnish me with an account of their several salaries, payable to the foreign Ministers and their Secretaries, and I will make out bills in your favor on the banker of the United States in Paris for the last quarter, commencing with the present year. I must at the same time pray, you will require of those gentlemen, the state of their several accounts with the public for salaries, that the whole may be adjusted, and all future expenses of that sort be classed under the proper head of the Department of Foreign Affairs.

I have the honor to be, &c.

ROBERT MORRIS.

* * * * *

CIRCULAR LETTER TO THE GOVERNORS OF THE STATES.

Office of Foreign Affairs, Philadelphia, May 2d, 1782.

Sir,

The enclosed resolution of Congress will explain the cause of this letter. The information it refers to, is an assurance that Britain had absolutely declined any interference of the mediating powers between them and what they call their rebel subjects. They persist on every occasion in representing us as a divided people, who anxiously wish to return to our connexion with England. In this they have two objects equally important to them. 1st. They encourage England to continue a war, which they expect to see terminated by our own weariness and languor; and 2dly. They put such a face upon their affairs as will entitle them on a negotiation to make demands at our expense, which they would not presume to think of, if the mediators were acquainted with our firm resolution never to return to our obedience to their Government. Besides which, they cast a degree of odium upon the conduct of France, representing it as the support of a discontented faction, rather than as the generous ally of an oppressed nation.

There is reason to apprehend, that in order the better to secure the advantages of this deceitful policy to themselves, they will make proffers to each of the United States. If any of them should listen to them, (which cannot, however, be presumed,) they will urge this, as a proof of their assertions, even if they should decline receiving their proposals and refer them to Congress, as from the nature of our Union they undoubtedly must; still as the result of the experiment cannot be known for some time in Europe, they will avail themselves of it in part, if negotiations should open.

This artifice of the enemy may be counteracted in two ways, both of which deserve the serious attention of your Legislature. The first and most important is, by making such exertions to procure a respectable army early in the season, that the mediators casting their eyes upon the muster rolls, may there read a full refutation of all that British artifice can suggest. I need not observe, that this measure must go hand in hand with taxation, since an army without the means of supporting it, would only increase our evils. The second is to anticipate the attempt of Great Britain by such resolutions as the information contained in this letter suggests, resolutions which strongly mark a spirited determination in the Legislature of each State to listen to no negotiations, except through the intervention of Congress, which manifest their attachment to the independence of their country, and inviolable regard to the faith they have pledged to each other, and to their allies. These may either prevent the attempt I apprehend, or arrive in time to counteract this effect, which the false expectations built thereon might otherwise have in Europe.

I mention this to your Excellency without any express direction from Congress. It is more than probable, that your judgment, and the zeal and wisdom of the Legislature, may improve these loose hints to the general advantage of the United States. I have the pleasure of assuring your Excellency and the Legislature, that the fairest prospects are now before us of terminating the war by a single exertion, though I am not at liberty to say, that the plan of the ensuing campaign is absolutely determined on, yet I have great reason to believe, that we shall receive such powerful military aid, as, with becoming exertions on our part, will free every State in the Union from the grasp of the enemy.

Here, Sir, I might pause, and suffer my imagination to dwell upon the animating prospect before us; but reasoning from the past to the future, I dare not indulge the pleasing idea. We have at no period been in a situation to second fully the endeavors of our ally to serve us; we either neglected to assemble our army in time, or to provide the means for supporting or moving them; a feather would have turned the balance last year, notwithstanding the powerful aid we received from abroad. Providence blinded our adversaries; to their temerity we owe our success.

But, Sir, let me ask, whether any State did then, or has even now, done all in its power to enable our Generals to prosecute this victory? Or rather let me turn to what is more within our line, by observing, that the inferiority of our army in point of numbers to that of our ally while they acted at Yorktown, has been considered in Europe as a proof of the assertions of Britain, and has been urged as an argument of our weakness, our weariness of the war, or our internal divisions. A moment's reflection will show the advantages, that this affords our antagonist in a negotiation. How much it weakens the claims we make, and how many important benefits may be lost forever by our appearing in Europe to receive our independence rather as a gift, than to have established it by our exertions!

But, Sir, it is still in our power to repair these errors. Let us avail ourselves of this favorable moment for expelling the enemy, and recovering our diminished credit among the nations of the earth.

I make no apology for the liberty I take. Your Excellency, I am persuaded, is too sensible of the truth of these observations, to think they could be delivered with less earnestness by one, who feels their importance, and I am confident that you will bring them before the Legislature of your State in such manner as will best serve to ensure them their attention.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO ROBERT MORRIS.

Philadelphia, May 8th, 1782.

Dear Sir,

I enclose the list of salaries you requested. The charges of those who act as secretaries to Dr Franklin and Mr Adams are not yet settled. I shall lay the list before Congress and make them some propositions on the subject. It will be necessary to afford a small sum to each of the Ministers to enable them to defray contingent expenses, which are continually happening, particularly to Dr Franklin, who is at the centre of all our communications. I will converse with you on this subject, and endeavor to form an estimate of what this ought to be.

I am, Sir, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Office of Foreign Affairs, May 8th, 1782.

Sir,

The enclosed account of the annual expense of the Department of Foreign Affairs, exclusive of contingent expenses, was made out at the request of the Superintendent of Finance, that measures might be taken to discharge the salaries of the gentlemen in Europe, who express great uneasiness on the subject; but as it is incomplete till the allowance to the private secretaries of Dr Franklin and Mr Adams are ascertained, I have thought it proper to lay the whole before Congress, for their direction thereon.

Congress were pleased to order by their resolution of the 2d of January last, that the Secretary of Foreign Affairs should lay before them an estimate of the expenses, which will probably be incurred by the foreign Ministers of the United States respectively, and their secretaries. I find myself under great embarrassments in preparing a report agreeably to their order, from not being able to enter fully into their views. I should presume, that the expense of foreign Ministers ought to be regulated by their salaries, though I feel that the desire of supporting the dignity of an office, to which the salary is incompetent, often urges men to quit the line, how much soever they may be embarrassed thereby. Justice and policy suggest, that the salaries of officers, who are engaged in so delicate and difficult a department as that of Foreign Affairs, should have such appointments as to free them from embarrassments with respect to their private affairs. I believe Congress had this in view when they settled those of their foreign Ministers, none of whom complain of their being inadequate, unless it be Mr Jay, who has given us some reason to think his salary, in his opinion, is barely sufficient for his support, and that his manner of living is not equal to what he conceives the dignity of the United States requires. With respect to the salaries of the secretaries to the Embassies, it is in my opinion, (founded upon the practice of other nations) at least the double of what it ought to be.

If, as I presume, Congress intended by their resolution, that I should lay before them an account of the manner in which our foreign Ministers live at present, that they might themselves be enabled to judge of the proportion it bore to their appointments, I can only say, that the result of inquiries on this head must necessarily be extremely uncertain. I submit them as far as they have come to my knowledge.

Dr Franklin has a part of M. Chaumont's house at Passy; he keeps a chariot and pair, and three or four servants, and gives a dinner occasionally to the Americans and others; his whole expense is, as far as I can learn, very much within his income.

Mr Adams lives in lodgings, keeps a chariot and pair, and two men servants; he has hitherto retained a private secretary in the absence of Mr Dana, who will, if is to be presumed, be paid by Congress. I have lately heard that Mr Adams was about to take a house.

Mr Dana's salary, even if he should assume a public character, in a country where the relative value of money is so high, that, if I am well informed, an elegant house may be had for fifteen guineas a year, is very ample.

Of Mr Jay's manner of living, I have been able to obtain no account, but should conclude from the price of the necessaries of life, in the part of Spain in which he lives, from the port the Court and the people about it maintain, and above all, from its sitting in different parts of the kingdom, that to live in the same style with Dr Franklin or Mr Adams, his expenses must amount to nearly double of theirs.

But as every conjecture of this kind must be very uncertain, all I can do is to lay before Congress the relative expense, as far as I can learn it, between the different places at which our Ministers reside, taking Philadelphia for the common standard.

Paris, if wine, clothing, and the wages of servants are included, is about twenty per cent cheaper than Philadelphia; Amsterdam ten, and at Madrid the expenses of a family are somewhat higher than at this place. But the unsettled state of those who follow the Court, their travelling equipage and charges must greatly enhance this expense.

Congress will make their own deductions from these facts, after allowing for their inaccuracy. I would, however, take the liberty to submit the enclosed resolutions to Congress; the first is founded upon the propriety of supplying Dr Franklin with a secretary, which his age and the dignity of his employment render necessary. As Mr Jay is not yet acknowledged, Mr Carmichael's services in Spain may be dispensed with.

The second, third, fifth, and sixth, are designed to make a reform in the article of expense.

The fourth to prevent the claim which any gentlemen, who may be appointed to any of the Northern Courts, may have to the salary settled by Congress on the 5th of October, and to adapt the character to the allowance.

The sixth to enable Congress, without injuring the dignity of their Ministers, to proportion the allowance to the expense of the Court they reside at, as well us to the port which they would wish them to maintain.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

Office of Foreign Affairs, May 9th, 1782.

The Secretary of Foreign Affairs humbly submits the following resolutions to the consideration of Congress.

ROBERT R. LIVINGSTON.

Resolved, That Mr Carmichael be appointed Secretary to the Embassy from the United States to the Court of Versailles, with a salary of four thousand dollars per annum.

Resolved, That Mr Jay be empowered to appoint a private secretary, with a salary of one thousand dollars per annum.

Resolved, That Mr Laurens, when he enters upon his mission to the United Provinces of the Low Countries, be empowered to appoint a Secretary with a salary of one thousand dollars per annum.

Resolved, That the Commissioners for negotiating a peace, in case Mr Dana shall not return, appoint a Secretary to the Commission, with a salary of one thousand dollars per annum.

Resolved, That the commission of Minister Plenipotentiary from the United States of America to the Court of Petersburg be revoked, and that a commission issue to Francis Dana, constituting him Resident at the said Court.

Resolved, That when he shall have been received in that character, he be empowered to appoint a private secretary, with a salary of eight hundred dollars per annum, who shall remain in office till Congress think it proper to make another appointment.

Resolved, That the appointment of no Secretary to any of the Northern Courts in future, shall exceed a thousand dollars per annum, and that the appointments of a Secretary to the Embassy in France, Spain and Holland, shall in future be twelve hundred dollars, excepting such Secretaries have been heretofore appointed.

Resolved, That the salary of a Minister Plenipotentiary from the United States, from the 1st day of January next, shall not exceed five thousand dollars, or that of a Resident three thousand, but that an allowance be made for household expenses, at and after the following manner;

To the Minister Plenipotentiary at the Court of Versailles,

To the Minister in Spain,

To the Resident in the United Provinces, (a Minister being unnecessary,)

To the Resident at the Court of Petersburg, and each of the other Northern Courts.

* * * * *

CHARLES THOMSON TO ROBERT R. LIVINGSTON.

May 9th, 1782.

Sir,

The United States in Congress assembled, having appointed Monday, the 13th instant, at twelve o'clock, for giving a public audience to the Minister of France, and having resolved, that a place be assigned to the principals in the three Executive Departments under Congress,

I have the honor to inform you, that the place assigned to those gentlemen, is within the bar to the right, and next to the members of Congress on the left of the chair.

The United States in Congress assembled have further resolved, That the assistants and principal secretaries in each of the departments, be admitted without the bar of the house. The Messenger of Congress has orders to furnish you with tickets for such of the gentlemen in your department, as come within the above description.

I have the honor to be, &c.

CHARLES THOMSON, _Secretary_.

* * * * *

TO THE COMMANDER IN CHIEF, AND MAJOR GENERAL GREENE.

Philadelphia, May 13th, 1782.

Sir,

I have the honor to inform you, that the Minister Plenipotentiary of France this day announced to the United States in Congress assembled, at a public audience, the birth of a Dauphin, and that Congress received this annunciation of an event, in which the happiness of their ally was so deeply engaged, with the most lively marks of satisfaction. It is their wish, that your Excellency, and the troops under your command should partake in this pleasure. I have their orders to inform you of this event, to the end, that you may cause the same to be published in the army, until such demonstrations of joy as you shall direct.[24]

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

FOOTNOTES:

[24] The same intelligence was communicated in the same formal way to the Governors of the States.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Philadelphia, May 13th, 1782.

Sir,

The late change in the measures and in the administration of Great Britain, and the arts that are daily practised to infuse a belief in Europe, that the most perfect harmony does not subsist between the United States and their ally, induce me to wish that Congress would embrace the opportunity, which this day's audience affords, to declare their attachment to the alliance in such terms, as will serve fully to defeat every expectation of sowing the seeds of division between the United States and France.

For which purpose I humbly submit the following addition to the answer proposed to be given to the address of the Ministry Plenipotentiary of France.

I have the honor to be, with the greatest respect,

ROBERT R. LIVINGSTON.

* * * * *

Office of Foreign Affairs, May 13th, 1782.

The following addition to the answer to the address proposed to be made by the Minister of France, is humbly submitted to the approbation of Congress, by the Secretary of Foreign Affairs.

ROBERT R. LIVINGSTON.

"A union, the mutual advantages of which become daily more conspicuous, and which has derived new lustre and additional force from every effort of the common enemy to dissolve it; Congress do not enlarge upon the subject, but satisfy themselves with the representations, which your own observations will enable, and your regard to the interests of both countries will induce you to make of the affectionate attachment, which every rank of people within these United States manifest to your Sovereign, and of their inviolable fidelity to the principles of the alliance."

* * * * *

TO THE PRESIDENT OF CONGRESS.

Philadelphia, May 15th, 1782.

Sir,

In order to have the sense of Congress upon Mr Jay's request, contained in his letter of the 6th of February last, I do myself the honor to submit the enclosed resolve; for though I do not see any advantage, which would at present result from his leaving Madrid, yet as cases may arise, which would render it proper, it may safely be left to his discretion.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

Office of Foreign Affairs, May 15th, 1782.

The following resolution is humbly submitted to the consideration of the United States in Congress, by the Secretary of Foreign Affairs.

ROBERT R. LIVINGSTON.

It having been represented to the United States in Congress, that certain circumstances might render it expedient to permit Mr Jay to leave the Court of Madrid, and repair either to the United Provinces or to Versailles,

Resolved, that such permission be granted him, provided he shall conceive, that such absence will be attended with important advantages to the United States, and that it does not exceed three months.

* * * * *

TO RICHARD HARRISON OF CADIZ.

Philadelphia, May 21st, 1782.

Sir,

You have probably heard of Colonel Livingston's misfortune, which deprived me of the pleasure of bearing from you by him. Our ports have been so closely blocked up for some time past, that it is with great difficulty we can get any vessels in or out. He shared the common fate, and was carried into New York, from whence he is come out with Mr Vaughan upon parole. He destroyed all his letters, and his parole closing this month, we have been able to learn nothing of importance from him.

The new system, which England seems to be about to adopt, with respect to America, has not yet discovered itself here, except in general professions, which the present Commander in Chief, Sir Guy Carleton, is continually making of his kindness and the affection, that still subsists in England towards the people of this country. This has produced not the least effect here; all ranks of people consider it rather a proof of their imbecility, than of their good will, and the Legislatures of the several States will I imagine enter into resolutions, similar to those passed by Maryland, which you will find in the enclosed papers. I direct them to you; after you have read them, I wish you to enclose and send them to Mr Jay as soon as possible, I commit to your particular care the several packets, that go with this; trusting that you will send them in such way as to escape inspection. They contain very important papers, as well those that go to Mr Adams as to Mr Jay.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Philadelphia, May 21st, 1782.

Sir,

I have the honor to enclose for the inspection of Congress, the draft of a letter to Mr Dana, together with a quadruplicate copy of one written the 2d of March, that Congress by seeing both may judge whether any further directions are necessary. I must take the liberty, Sir, to request you to turn their attention to this subject, and to the draft, which I had the honor to lay before them, of a letter to the King, as soon as possible. Unless Congress decide upon them today, I shall lose a favorable opportunity of transmitting them to Europe.

I have the honor to be, &c.