Chapter 5

I have received the letter, with which you honored me on the 24th instant, and it is with the most sincere satisfaction, that I see in it your determination to accept the office, to which Congress have appointed you. It will give me great pleasure to address myself to you, in sending to Congress those communications, which I shall have it in my power to make; and I shall be no less flattered to receive through you every communication, which that body shall think proper to make to me. I can assure you, Sir, that the choice now made by Congress will give great satisfaction in Europe, where your patriotism, your past services, and your wisdom have long been known.

I have the honor to be, &c.

LUZERNE.

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ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, November 2d, 1781.

Sir,

It is with peculiar pleasure that I obey the directions of Congress in making communications, which show their sense of the exertions of their ally, and of the merit of the officers he employs. The confidence inspired by the first, and the esteem excited by the last, form new bands of union between nations, whom reciprocal interests had before connected. In this view I flatter myself the enclosed acts of Congress will be agreeable to you, and that you will with pleasure communicate to his Most Christian Majesty their desire, with his permission, to present to the Count de Grasse two pieces of field ordnance, taken from the enemy at York, with inscriptions calculated to show that Congress were induced to present them from considerations of the illustrious part, which he bore in effectuating the surrender.[1]

I have the honor to be, with the greatest respect and esteem, &c.

ROBERT R. LIVINGSTON.

FOOTNOTES:

[1] _In Congress, October 28th, 1781._ "Resolved, That the thanks of the United States in Congress assembled be presented to his Excellency the Count de Rochambeau, for the cordiality, zeal, judgment, and fortitude, with which he seconded and advanced the progress of the allied army against the British garrison in York.

"That the thanks of the United States in Congress assembled be presented to his Excellency the Count de Grasse, for his display of skill and bravery in attacking and defeating the British fleet off the Bay of Chesapeake, and for his zeal and alacrity in rendering, with the fleet under his command, the most effectual and distinguished aid and support to the operations of the allied army in Virginia.

"That the thanks of the United States in Congress assembled be presented to the commanding and other officers of the corps of artillery and engineers of the allied army, who sustained extraordinary fatigue and danger in their animated and gallant approaches to the lines of the enemy.

"Resolved, That the United States in Congress assembled will cause to be erected at York, in Virginia, a marble column, adorned with emblems of the alliance between the United States and his Most Christian Majesty, and inscribed with a succinct narrative of the surrender of Earl Cornwallis to his Excellency General Washington, Commander in Chief of the combined forces of America and France, to his Excellency the Count de Rochambeau, commanding the auxiliary troops of his Most Christian Majesty in America, and his Excellency Count de Grasse, commanding in chief the naval army of France in the Chesapeake.

"Resolved, That two pieces of the field ordnance, taken from the British army under the capitulation of York, be presented by the Commander in Chief of the American army to Count de Rochambeau, and that there be engraved thereon a short memorandum, that Congress were induced to present them from considerations of the illustrious part, which he bore in effectuating the surrender.

"Resolved, That the Secretary of Foreign Affairs be directed to request the Minister Plenipotentiary of his Most Christian Majesty to inform his Majesty, that it is the wish of Congress, that the Count de Grasse may be permitted to accept a testimony of their approbation, similar to that to be presented to the Count de Rochambeau."

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TO GEORGE WASHINGTON.

Translation.

Philadelphia, November 4th, 1781.

Sir,

I have received the letter, which you did me the honor to write on the 29th ultimo, and the papers from Count de Grasse, which you had the goodness to send to me, and for which I beg you will accept my thanks.

We are encouraged to hope for your arrival here. I shall be extremely happy to be able to testify to you in person the joy, which I have received from your success. That joy is universal, and it can but increase the attachment and esteem of all orders of citizens, and of my own countrymen, to your Excellency.

I have the honor to be, &c.

LUZERNE.

* * * * *

TO THE SECRETARY OF FOREIGN AFFAIRS.

Translation.

Philadelphia, November 4th, 1781.

Sir,

I have received the letter, with which you honored me on the 2d instant, with the resolutions of Congress of the 28th of October, which accompanied it. I have no doubt that they will be most agreeable to his Majesty, and that he will learn with great pleasure, that the remembrance of the success obtained by the allied arms is to be preserved by a column, on which a relation of this event will be inscribed, and mention made of the alliance.

I shall be glad, before any farther resolutions are taken on this subject, to communicate to you some ideas relative to this monument. It is so honorable to the two nations, and so well adapted to perpetuate the remembrance of their union, that we ought to be mutually desirous of giving it all the solidity and durability of which the works of man are susceptible. Besides, Sir, I observe that the United States are named before the King in these resolutions. This is the second time within my knowledge, that this form has been adopted. I remarked on it the first time; and was then positively assured, that it was an error, which should be corrected on the journals. I entreat you to be pleased to let me know distinctly what usage Congress intends to adopt on this subject, in order that I may make it known to my Court.

I have the honor to be, &c.

LUZERNE.

* * * * *

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, November 6th, 1781.

Sir,

Having been honored with your letter of the 4th instant, I remark with pleasure, that the mode in which Congress propose to perpetuate the success obtained by the allied armies at York, is such as will in your opinion be agreeable to his Most Christian Majesty. As Congress must concur with you in wishing to render this monument of the alliance, and of the military virtues of the combined forces as lasting, if possible, as the advantages they may reasonably hope to reap from both, they will, without doubt, pay all due deference to any ideas you may think proper to suggest relative to the manner of carrying the resolutions of the 28th of October into effect. I shall receive, Sir, with pleasure, and submit to Congress any communications, that you will do me the honor to make on this subject.

I am sorry to find, that you consider the order, in which the allied nations or their Sovereigns are placed in the resolutions, as anywise exceptionable. This mode of expression might perhaps be justified by the absolute equality established between sovereign powers, and the common practice of independent nations to recognise no superior in acts to be executed by themselves, within their own limits. But, Sir, I am so well satisfied that Congress wish to avoid discussions, which must be treated with great delicacy by nations situated as ours are, where every demand on the one part, not strictly authorised by the law of nations, might derogate from the generous protection, which we make it our boast to have received, and the denial of just rights on the other subject us to the imputation of ingratitude, that I think you may safely rely upon their practice, when some future occasion shall present, to evince that the order in which the allied nations are mentioned did not originate in any settled rule, and above all, that no want of respect for his Most Christian Majesty dictated the resolution to which you object. Be persuaded, Sir, that regardless as the United States are of form and ceremony, in matters that relate to themselves alone, they will think their endeavor to support France in the high rank which her extent, wealth, and power have given her, a small return for the wise and generous use she makes of these advantages.

I have the honor to be, with sentiments of the greatest respect and esteem, &c.

ROBERT R. LIVINGSTON.

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ROBERT R. LIVINGSTON TO THE PRESIDENT OF CONGRESS.

Office of Foreign Affairs, November 6th, 1781.

Sir,

I do myself the honor to submit to Congress a letter to the Minister of France, which covered their resolutions of the 28th of October, his answer thereto, and the draft of a letter in reply to his. As the last implies a promise on the part of Congress, I did not think myself authorised to send it without their approbation.

Congress will observe, that I endeavor to wave a question, which perhaps it might have been imprudent to answer by a direct avowal of the propriety of the resolution, or in the present circumstances to yield in express terms. By seeming to slight matters of mere ceremony, we may avoid troublesome discussions in future, and teach the old world by the example of the new to get rid of a clog, which too often fetters the most important transactions. I take the liberty to submit to Congress the propriety of directing in the next vote, which they shall have occasion to pass, in which France and America, or their Sovereigns, are mentioned, the preference to be given to the first, and so that we may seem to have established no rule on a subject of so little moment as rank or precedence.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, November 21st, 1781.

Sir,

Finding by frequent applications from the French Islands, that their Courts of Admiralty are not fully acquainted with the resolutions of Congress, passed the 14th of October, 1777, which vest in the captors the property of such of the enemy's vessels as are taken by their mariners; and being called by the letter, a copy of which I do myself the honor to enclose, to attend particularly to the case of Captain Jones and his crew, I must beg, Sir, that you will do me the favor to recommend it to the notice of the General and Commander in Chief of the French Leeward Islands, for whose use I enclose a certified copy of the above mentioned resolutions of Congress, presuming that the Court of Admiralty will pay some respect to them in their decisions, though they may not be strictly agreeable to the rules they have adopted, since it would be highly disadvantageous to both nations to have that considered as lawful prize in one port, which is not so in another. But should the Court think they are not warranted in condemning the vessel, she should at least be restored to Captain Jones or his agent, that she might, by being brought to a port of the United States, become lawful prize.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

HEADS OF A VERBAL COMMUNICATION MADE TO THE SECRETARY OF FOREIGN AFFAIRS BY THE MINISTER OF FRANCE.

In Congress, November 23d, 1781.

The Secretary of Foreign Affairs laid before Congress the following heads of a verbal communication made to him by the Minister of France.

The Minister of France informed the Secretary of Foreign Affairs, that the Count de Vergennes, in a letter to him of the 7th of September, 1781, assured him that the King of France had received with great pleasure, an account of Mr Adams, Mr Franklin, and Mr Jay's appointment to the place of Ministers for the negotiation of peace; and after expressing favorable sentiments of them and of Mr Jefferson, from his general reputation, adds, that they have little reason to hope for the assistance of Mr Laurens, since the enemy will probably continue his captivity during the war. That the King accepted with pleasure the proofs, which Congress have given him of their confidence, when they intrusted to his care the interests of the United States. That he would use his influence and credit for the advantage of his allies, whenever a negotiation should render their interests a subject of discussion. That if he did not obtain for every State all they wished, they must attribute the sacrifice he might be compelled to make of his inclinations, to the tyrannic rule of necessity. That, however, he had no reason to believe, that the events of the campaign would make an unfavorable change in the situation of affairs; and that from the present view of them, he had no cause to dread a disadvantageous peace.

The Count adds, that he presumes Mr Adams has communicated to Congress his Majesty's refusal to accede to the terms of the mediation of the Imperial Courts, until they should agree to acknowledge the American Plenipotentiaries in the manner most conformable to the dignity of the United States; and observes thereon, that if the King was so attentive to a matter of form, though it might indeed in our present situation be considered as important, he would not be less tenacious of our more essential interests, which he will be zealous to promote, as far as circumstances will allow. But that if notwithstanding this, Congress, or even a considerable part of its members, should regret the confidence they had placed in his Majesty, or wish to free their Ministers from this restraint, his Majesty would not disapprove the measure; provided they made their Ministers answerable, as in justice they should be, in proportion to the powers, with which they invested them. He expresses his satisfaction at the extensive powers, with which the Ministers are invested as to the matter of boundary, and the truce, which he says, the interests of France as well as of us, require to be as long as possible.

With respect to the _statu quo_, he says, that though from the number of their conquests it would be beneficial both to France and Spain, yet it has not entered into their system so far as it regards America, and that his Majesty accordingly refused to accede to the plan of negotiation proposed by the mediating powers, which held up that idea. He exhorts the Minister to recommend to Congress the most vigorous exertions, and to assure them, that the expulsion of the enemy from this continent depends in a great measure on the exertion of the United States; that France would be able to afford us very little assistance; and that Britain, so far from discovering any inclination to peace upon reasonable terms, absolutely refused the plan of negotiation proposed by the mediating powers; so that arms alone could compel her to it. He mentions, that the King being apprehensive, that the capture of the Marquis de Lafayette might reduce us to some difficulties, had ordered her cargo to be replaced immediately; and that in consequence of applications from the States of Virginia and Maryland, he had ordered a number of arms and military stores to be shipped to them, subject however to the order of Congress. That this and the cargo designed to replace that of the Marquis de Lafayette, were to be paid for out of the loan negotiated in Holland, which he had occasion to think would be completed. He expresses a desire, that the plan for the appointment of Consuls should be digested and adopted, as the Court of France wished to make it the basis of some commercial arrangements between France and the United States.

The Secretary for Foreign Affairs further informed Congress, that the Minister of France had communicated to him the following extract of a letter from the Count de Vergennes, which he had transmitted to the Superintendent of Finance.

Extract of a letter from the Count de Vergennes, September 7th, 1781.

"We think that since the arrival of Colonel Laurens, you have stopped the bills of Mr Morris on Messrs Le Couteulx. If the Superintendent has not followed your advice, he will cause us some embarrassment, as we have not destinated any fund for that article. We have peremptorily declared to Dr Franklin, that we will not in future discharge any bills, that had not been drawn with your consent. As to you, Sir, we cannot but repeat our former instructions on this subject; and we direct you to authorise no draft even for a small sum."

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No. 1.

_The Answer of his Most Christian Majesty to the Articles proposed by the two Mediating Courts._[2]

Translation.

The mediators are too well satisfied of the moderation of the King, and his constant wish for the re-establishment of peace, not to be previously assured, that his Majesty will receive with as much gratitude as warmth the _Preliminary Articles_ they have communicated. The King, the more fully to convince the two high mediators of his frankness and of the purity of his intentions, as well as of the unreserved confidence, that he places in the justice and impartiality of their High Imperial Majesties, believes he ought to make some confidential observations upon these Preliminary Articles. His Majesty flatters himself, that this will be more acceptable to them as its sole objects are to prevent discussions, which are equally mischievous and complicated, and to facilitate the much wished for success of their generous interposition.

"ARTICLE I. _There shall be a negotiation at Vienna, by the united care of the two Imperial Courts, embracing all the objects for the re-establishment of peace, which the belligerent parties, who intrust them with the mediation, shall judge proper to be there proposed. A negotiation shall in the meantime be entered into between Great Britain and her Colonies for the re-establishment of peace in America, but without the intervention of either of the other belligerent parties, or even of the two Imperial Courts, unless their mediation shall be formally demanded and accorded, for this object._"

According to the verbal observations, the expressions in the first part of this Article have been used merely to place the King of Spain in a situation to propose the cession of Gibraltar, and this turn has been judged necessary because the Court of London had previously declared, that it ought to be made without reference to this cession, while the Catholic King demands it as a preliminary; as this part of the Article immediately affects the Court of Madrid, the King cannot but refer himself to it for the answer that shall be made thereto. His Majesty is content to observe, that having united himself in the same cause with the King, his uncle, he neither can nor will separate his interests from those of that Prince, and that he regards the satisfaction he claims as a condition, without which he cannot personally treat of those matters.

As to the second part of the Article, the two Imperial Courts cannot flatter themselves with the hopes of bringing their mediation to a happy issue, if they do not prevent the subterfuges, the subtelties and false interpretations, which either of the belligerent powers may avail themselves of to explain according to their views the preliminary propositions, which will certainly happen if they do not previously ascertain the sense of the expressions, which relate to America.

The Court of London will elude as much and as long as she possibly can, the direct or indirect acknowledgement of the independence of the United States, and will avail herself of the terms, that are used in speaking of them, to maintain, that she is not obliged to treat with her ancient Colonies as with a free and independent nation. That she is consequently not reduced to admit a Plenipotentiary on their part, and that she is at liberty to view the American representative as a deputy from a part of her subjects who demand a favor. From whence it will follow, that when the mediation is in force, and they shall be about to enter upon the negotiation, that they will dispute the character, in which the American Plenipotentiary shall be received. The King of England will consider him as his subject, while Congress will demand, that he shall be received as the representative of a free people, by means whereof the mediation will be stopped at the first outset.

To prevent this inconvenience it should seem, that previous to any other measure, the _character of the American agent_ ought to be determined in the most precise and positive manner, and Congress should be invited to confide its interests to the mediation. This invitation is so much the more interesting, as the negotiation relative to America should go hand in hand with that of the Courts of Madrid and Versailles, and by consequence, the negotiations although separate should commence at the same time.

But who will invite the Congress to treat with England? The King cannot, since the First Article excludes him from the negotiation. This task then can only be executed by the mediators themselves; all that the King can do, and that he will do with zeal and fidelity, is to invite the Americans to the peace, and to facilitate it by every means that they believe compatible with their essential interests. But that the King may take this step with safety, and the hopes of success, and with the certainty of not rendering himself suspected by the Americans, it is necessary that he should first know the determination of the mediators upon the observations now made to them, and that this determination should be such as to secure to the American States their political existence.

The two high mediators and their Ministers are too enlightened not to perceive, that without this preliminary measure the Congress will send no person to Vienna, and that the King can make no attempts to engage them thereto, without incurring the danger of involving himself, by means whereof, and for the reasons already urged, the mediation will be stopped at its first outset. These reflections appear to merit the most serious attention of the two mediating Courts.

"ARTICLE II. _This separate peace cannot, however, be signed, except conjointly, and at the same time with that of the powers whose interests shall be treated by the mediating Courts. Although neither peace, notwithstanding they are treated separately, shall be concluded without the other, yet care shall be taken to inform the mediators constantly of the progress of that, which regards Great Britain and the Colonies, to the end, that the mediation may be able to regulate the measures intrusted to it according to the state of the negotiation relating to the Colonies, and both of the pacifications, which shall have been separately concluded at the same time, shall be solemnly guarantied by the mediating Courts, and by every other neutral power, whose guarantee the belligerent powers may think proper to claim._"

When the United States shall have been duly called to the Congress at Vienna, and shall have commenced their separate negotiation with England, this Article will make no difficulty with his Majesty.