Chapter 7

The United States in Congress assembled to their Great, Faithful, and Beloved Friend and Ally, Lewis the Sixteenth, King of France and Navarre.

Great, Faithful, and Beloved Friend and Ally,

At a period so glorious to the arms of France, both by sea and land, and so favorable to the fortunes of America, it is with particular satisfaction that we congratulate the Monarch, whose wise counsels and generous support have so largely contributed to events, illustrious in themselves, and promising consequences truly important.

We wish to convey to your Majesty our sense of the victory obtained by the Count de Grasse over the enemy's fleet on our coast, and the subsequent reduction of the British armament in Virginia; and we repeat our grateful acknowledgments for the various aids so seasonably extended to us. From the benevolence and magnanimity, which has hitherto interested your Majesty in the welfare of these States, we are convinced, that you will on this occasion feel an equal pleasure with ourselves, whose immediate advantage is the result of such fortunate exertions.

We mention with great pleasure the zeal and ability manifested by the Count de Rochambeau, commanding your Majesty's forces in the allied army. His conduct, and that of his officers under him, merit our fullest approbation; and we are made further happy by the perfect harmony and affection, which has subsisted between the troops of the two nations.

The distress occasioned to the common enemy by combined operations will, we trust, point out to both nations the utility of similar measures in future; and whilst it induces your Majesty to supply that naval force, which the situation of our country renders necessary, will urge the United States to every effort which their particular interests, added to their desire of seconding your Majesty's views, can call forth to ensure the complete success of attacks upon the enemy's strong holds.

It is with great pleasure, that the United States continue to number some of your Majesty's subjects amongst their most able, spirited, and faithful officers. It affords the world a striking proof of the intimate connexion, which subsists between the allied nations, at the same time serves to cement the union which it manifests.

Major General the Marquis de Lafayette has in this campaign so greatly added to the reputation he had before acquired, that we are desirous to obtain for him, on our behalf, even notice in addition to that favorable reception, which his merits cannot fail to meet with from a generous and enlightened Sovereign; and in that view, we have directed our Minister Plenipotentiary to present the Marquis to your Majesty.

We pray God, Great, Faithful, and Beloved Friend and Ally, always to keep your Majesty in his holy protection.

Done at Philadelphia, the twentyninth day of November, in the year of our Lord one thousand seven hundred and eightyone, and in the sixth year of our independence. By the United States in Congress assembled. Your faithful Friends and Allies.

JOHN HANSON, _President_.

CHARLES THOMSON, _Secretary_.

* * * * *

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, December 11th, 1781.

Sir,

I have received the letter, with which you yesterday honored me. I have, consequently, the honor of sending you triplicate copies of a letter, which I wrote to the Count du Durat, Governor of Grenada. Be pleased to send it to the persons whom it concerns, and at the same time to advise them to annex to it copies of their memorial in French. I hope that it may prove satisfactory to them. I can do nothing else in affairs of this kind, except to invite the Admiralties of our Islands to take them into consideration.

I have the honor to be, &c.

LUZERNE.

* * * * *

TO COUNT DU DURAT, GOVERNOR OF GRENADA.

Translation.

Philadelphia, December 11th, 1781.

Sir,

I have the honor of sending you a copy of a memorial presented to the State of New Hampshire, and sent by that State to Congress, relative to a ship carried to Grenada by some American sailors, whom the English had compelled to serve on board of her. I do not know what are the rules or usages, to which the Admiralty of Grenada conform in such cases, I merely inform you, Sir, that by the laws of Congress, when insurgent sailors bring an English vessel into the ports of the United States, it is adjudged as a prize to them. The Admiralty of St Domingo, knowing these laws, have not hesitated, in a similar case, to restore the prize to the Americans, who had conducted it into port, after deducting the expenses of the proceeding.

I have the honor to be, &c.

LUZERNE.

* * * * *

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, December 21st, 1781.

Sir,

I do myself the honor to enclose an extract of my letter to Dr Franklin, on the subject of the late ordinance of Congress, relative to captures. Though in it I suggest a mode, by which the identity of goods captured and shipped may be authenticated, yet I have not thought it prudent to give it the preference to any other, which Dr Franklin, upon communicating with the Minister, may think more proper. I have only to request, that you will by your representations second his, and urge the Court of France to adopt the regulation above suggested, or any other that will best guard against this illicit commerce on the one hand, or the injury of innocent dealers on the other.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, January 19th, 1782.

Sir,

I do myself the honor to enclose two letters from Mr Deane, which were delivered with his own hand to a Mr Marshal, who has sworn to their identity. These add so much weight to the suspicions already entertained against him, that they may probably be of use to your Court in justifying any measure, which they may deem it proper to adopt, to prevent the ill effects of the principles he endeavors to disseminate, and to invalidate the ill-founded assertions he makes.

I beg to be informed whether you think it probable that the Hermione has sailed yet, and if not, whether you have any express going down to her.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, January 20th, 1782.

Sir,

I thank you for communicating to me Mr Deane's two letters. I shall transmit them to my Court. I am not at present, sending any express to the Chesapeake, but I shall probably send one as soon as I shall have received the letters, which should have been brought by the Sybil. It is still possible that the Hermione may be charged with them.

I proposed to have the honor, at the first opportunity, of conversing with you upon a circumstance, which it is desirable that Congress should alter. In the State of Massachusetts there is no Marshal of the Court of Admiralty. The custom in that State is, to put into the hands of the agent of the _libellant_ the effects _libelled_, and the proceeds of their sale, if it has taken place. This practice has already been attended with great inconveniences, as it respects French merchants, and particularly as it respects a Spanish vessel, the owners of which, it is thought, have lost from twentyfive to thirty thousand pounds sterling, merely because the contested property had not been put into the hands of a responsible public officer. You will be better able, Sir, than I am, to judge by what means these inconveniences may be remedied.

I have the honor to be, &c.

LUZERNE.

* * * * *

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, January 24th, 1782.

Sir,

Reflecting that our not communicating the resolutions of the 22d to you, when we send them to Dr Franklin, might appear to the Count de Vergennes to betray a want of confidence in you, which I am persuaded Congress do not entertain, I am led to consider my not having received instructions to communicate them as a mere accidental omission, and accordingly take upon me to enclose a copy of them. You will, I presume, put them in cypher before they are sent off. To give you leisure to do it, I have not sent them to your house, but have ordered my servant to find you at the Assembly.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, January 25th, 1782.

Sir,

I have the honor of sending back the resolution of Congress of the 22d instant, and of thanking you for this communication. The letters which I have had to write to France, in answer to those which I received by the Sibyl, being now finished, I shall have the honor of communicating to you, before the end of the week, the news which I have received.

I have the honor to be, &c.

LUZERNE.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 28th, 1782.

Sir,

The undersigned, Minister Plenipotentiary of France to the United States, has the honor of informing Congress that a great part of the loan of ten millions of livres tournois, opened in Holland on account of the United States, was taken up in October last, and that the interest on it has been fixed at 4 per centum. It is now proper that Congress should be pleased to send to Mr Franklin, the instructions and the authority necessary for performing the acts required to bind the United States, in their engagements with his Majesty on account of this loan, as well as of the interest and expenses which it has occasioned. The undersigned has informed the Superintendent of the Finances, that after deducting the money advanced by his Majesty for this loan, there would remain about four millions of livres, at the disposal of the United States when the loan is entirely taken up.

LUZERNE.

* * * * *

THE SECRETARY OF FOREIGN AFFAIRS TO THE PRESIDENT OF CONGRESS.

Philadelphia, January 29th, 1782.

Sir,

The Minister of France informed me, that he was desirous of making some communications from letters received by the Sibyl. Ten o'clock this day was appointed to receive them. He accordingly came, and read to me passages of a letter of Count de Vergennes to him, dated October 17th, 1781, which contained in substance,

That France wished (as was evident, from her going into the war on our account) to obtain every advantage for us. That powers at war must often be governed by circumstances. That if events would enable her to command them, we might depend on everything she could obtain. That her political system depended not only on America, but on the other powers at war. That if France should continue hostilities merely on account of America, after reasonable terms were offered, it was impossible to say what the event might be. That his Majesty was, however, at all events, determined to adhere to the true principles of the alliance, and would farther endeavor to obtain for us whatever we demanded, as far as events would justify.

He observed, that people in America appeared to be greatly deceived with respect to the disposition of the belligerent and mediating powers, and to imagine that all were anxious for a peace; that this was so far from being the case, that Great Britain had not yet returned any answer to the overtures of the Imperial Courts, nor had any reply been made by the latter to the answer given them by France, from which delay it might be easily imagined peace was far distant. That from the present situation of Spain, there was strong reason to suppose she could not spare us any money, her own operations requiring all she had. That he hoped France would not be called upon to make up her deficiencies, as they were in no situation to make new grants. Besides, that in order to rid us of our embarrassments, they had already made efforts in our behalf, which they had reason to believe exceeded our expectations, and that what they had done for America this year, entitled them to an exemption from further demands.

In a letter of October 20th, 1781, from the Count de Vergennes to the Minister of France, it is observed, that the United Provinces would not embarrass themselves at present by an alliance with us; that in this they will follow the example of Spain; that, however, it will be prudent to keep an agent in Holland, and direct him to advise constantly with Dr Franklin, that we may observe some consistency in our politics. That he fears America founds hopes on the aid of Russia; that nothing can be more groundless; that though he believes she is not averse to the independence of America, yet we ought not to expect that she will move a step in our favor; that she has no particular interest in terminating the war; that as she means to assume the character of a mediator, she must preserve that of justice and impartiality; that nothing, therefore, can extort from her measures that are favorable to us, but a conviction, that we cannot be brought back to the dominion of Great Britain. That this should lead us to think (a sentiment which he desires the Minister to inculcate) that our success depends upon our exertions, and upon our relinquishing the inactivity into which false hopes, excited by success, do sometimes plunge us.

He repeated, that France could lend us no more money; that the ten millions borrowed upon our account in Holland, were greatly sunk by advances made in France; that no bills would be paid in France, which the Minister did not authorise us to draw; that he hoped our officers would have too much prudence to risk the credit of the United States by drawing; that the negotiations are still inactive, and will remain so, till events oblige one or other of the parties to sue for peace. That the success of the expedition against Portsmouth (that being the supposed post of Cornwallis) might possibly have some effect. That the great object of England is America; that she will not cede it while she can carry on the war; that she will certainly make great exertions the ensuing campaign; that equal exertions are therefore necessary on our part. That Spain and Holland view America as the great obstacle to a peace, from which consequences may flow, which people of judgment may easily foresee.

ROBERT R. LIVINGSTON.

* * * * *

COUNT DE VERGENNES TO ROBERT R. LIVINGSTON.

Translation.

Versailles, January 31st, 1782.

I have received, Sir, the letter with which you honored me on the 20th of October of last year. I heard of your appointment as Minister of Foreign Affairs of the United States, with the greater pleasure, as I already knew the extent of your knowledge and your zeal for the interests and the glory of your country.

I am convinced, Sir, that it will be the dearest object of your cares and labors to support the cause for which the United States are contending, and to maintain the principles, which serve as the basis of the union between them and his Majesty. Be assured, Sir, that I shall omit nothing that lies in my power, effectually to second your good intentions. My confidence in your zeal and patriotism is equal to the sentiments of respect, with which I have the honor to be, Sir,

Your most obedient and humble servant,

DE VERGENNES.

* * * * *

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, February 1st, 1782.

Sir,

I have received the letter, with which you honored me on the 31st ultimo, and the affidavit enclosed in it. I have the honor of sending it back to you, and I also annex a letter for the commanding officer of the Island of St Domingo. It will be necessary, that Mr William Marshall should be charged to prosecute this affair himself.

I have the honor to be, &c.

LUZERNE.

* * * * *

_Instructions to Dr Franklin._

In Congress, February 5th, 1782.

On the Report of the Secretary of Foreign Affairs, to whom was referred the note (dated January 28) from the Minister of France,

Resolved, That the following powers and instructions be given to the Minister Plenipotentiary of the United States of America at the Court of Versailles.

Whereas, the Minister of his Most Christian Majesty has informed the United States in Congress assembled, that the loan of ten millions of livres tournois, opened in Holland on account of these United States, was in a great measure completed in October last, and requested in consequence thereof, that full powers might be expedited to bind these United States to discharge the principal and interest of the said loan, agreeably to the terms thereof, with such expenses as might have accrued in making such loan; you are, therefore, hereby authorised, directed, and empowered, to enter into such engagements with his Most Christian Majesty, with the States General of the United Provinces, with any particular State or Province, or with any man or body of men whatsoever, with whom you may find it necessary to enter into engagements, for the purpose of binding these United States to discharge the said loan, with interest, agreeably to the terms thereof; and also for the repayment of such expenses as have arisen, or may arise by reason of the said loan. And the said United States of America do hereby pledge their faith to confirm what you shall execute in pursuance of the above power.

JOHN HANSON, _President_.

* * * * *

RESOLVES OF CONGRESS RESPECTING THE COMMUNICATIONS MADE BY THE MINISTER OF FRANCE.

In Congress, February 8th, 1782.

On the Report of the Secretary of Foreign Affairs, to whom was referred the communication made to him by the Minister of France, (November 23d) containing, among other things, an opinion of Count de Vergennes, that his Catholic Majesty will not have it in his power to advance any money to the United States; and expressing in strong terms the Count's hopes, that the United States will not imagine that France should make up the sums they expected from Spain, after the assistance they have already derived from France;

Resolved, That Congress are fully sensible of the frequent, friendly and generous interposition of his Most Christian Majesty in their behalf, and are led from thence to hope a continuation of his assistance, since nothing has been wanting on their part, so to apply the aid he generously affords, as to distress the common enemy, and lead to the great object of their alliance, a safe and honorable peace.

Resolved, That Congress cannot, without injustice to themselves and their ally, withhold from him a knowledge of their present circumstances, or neglect to mention the ruinous consequences that may attend a refusal of those aids, which as well the friendly dispositions of his Most Christian Majesty, as the success that has attended his interposition in their behalf, gave them reason to hope would be continued till the States, which have lately been ravaged by the enemy, had so far recovered their commerce and agriculture, as to be able more effectually to contribute to the general expense; and that his Majesty may be assured, that their applications for this purpose shall not exceed what may be absolutely necessary for the support of the common cause.

Resolved, That the Secretary of Foreign Affairs, consulting with the Superintendent of Finance, explain to the Minister of the United States at the Court of Versailles, the extensive advantages, which have resulted from moneys supplied by his Most Christian Majesty to these United States, and the engagements, which have been entered into with a view to render the next campaign decisive, the consequence of failing in those engagements, and the little prospect there is of fulfilling them without an additional loan or subsidy, for the year 1782, of at least twelve millions of livres tournois, in order that the said minister may present a memorial on this subject to his Most Christian Majesty, and at the same time lay before him the several resolutions lately passed by the United States in Congress assembled, which evidence their unalterable resolution to make every exertion, for a vigorous campaign, which their present situation will allow.

Resolved, That the Minister Plenipotentiary of the United States of America at the Court of Versailles be, and he is hereby instructed and empowered to borrow, on account of these United States, the sum or twelve millions of livres tournois, and to enter into engagements on the part of the United States for the repayment of the same, together with the interest, which is not to exceed the terms allowed or given on national security in Europe.

* * * * *

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, February 18th, 1782.

Sir,

The Minister Plenipotentiary of France has the honor of communicating to Mr Livingston a letter from the Marquis de Bouille, commanding officer of the Windward Islands, and a memorial presented to that General by the Council and Assembly of the Island of Dominica. One of the two cases mentioned in them, that of the Dutch vessel, the Resolution, has been decided by the Court of Appeals, and the sentence of the Court of Admiralty of Philadelphia, has been amended in almost every point. The case of the Eeirsten has been decided at Boston in the first instance, and recently by the Supreme Court of Appeals. As the annexed papers seem to contain means for the revision of the first case, and proofs which were not known to the Judges when the decision was made, the undersigned has the honor of communicating them to Mr Livingston, and requests him to be pleased, after reading them, to send them back to him.

The agent of the merchants at Dominica designs to solicit the said revision, with a view to have all the cargo, without exception, acquitted. The undersigned Minister flatters himself, that Congress will be pleased to enable the said agent to avail himself of the new proofs, which he says that he has obtained. The letter of the Marquis de Bouille, and the request of the Council and Assembly of Dominica, may hereafter serve to determine the true meaning of the capitulations of the English Islands, taken by the forces of his Majesty; and it is for this reason also, that the undersigned requests that they may be laid before the Tribunal of Appeals. This letter and this request, leave no room to doubt, that the Ostend ship Eeirsten sailed under the faith of the capitulation, and that her owners ought to participate in the advantages secured by it to the capitulators.

The undersigned Minister appeals to the justice of Congress, and of the American tribunals, in favor of those inhabitants or capitulators of the Island of Dominica, who are interested in the cargo of this ship, as subjects of the King, his master, and in favor of those people of Ostend who are interested, as subjects of his Imperial Majesty, who is allied to the King, his master, both by blood and by treaties.

LUZERNE.

* * * * *

THE MARQUIS DE BOUILLE TO M. DE LA LUZERNE.

Translation.

Without date.

Sir,

I have the honor to transmit you a Memorial from the Council and Assembly of the Island of Dominica, who lay claim to the Dutch ship Resolution, Captain Waterburg, which has been retaken from an English privateer from Carolina, by the American privateer Ariel, belonging to Messrs Robert Morris, Samuel Inglis, and William Bingham, brought into Philadelphia, and condemned there as a legal prize.