Chapter 8

This neutral ship, employed in the exportation of the produce of Dominica by virtue of the proclamation of his Britannic Majesty in favor of neutral ships bound for the British Colonies, conquered by France in the course of this war, would not have been condemned as a legal prize, had it remained in the power of the British privateer, and been brought into a port belonging to his Britannic Majesty. She could not, then, be condemned by the Admiralty of Philadelphia, since that Court could not consider her otherwise than as a neutral vessel, sailing under the faith of his Britannic Majesty's proclamation, which the commander of the English privateer was no doubt ignorant of, and after which she could no longer be considered as a recapture.

This affair, Sir, deserves all your attention, and the particular protection which I request you to grant it, that the owners of this vessel may obtain, from the Council of Prizes of the United States the justice due to them.

It is feared at Dominica, lest the Ostendian ship Eeirsten, Captain Thomson, which sailed for the said Island, and was taken by an American privateer and brought into Boston, may likewise have been condemned; and should this have been the case, I also request your interposition in favor of the owners of the said vessel.

I have the honor to be, &c.

BOUILLE.

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MEMORIAL OF THE COUNCIL OF DOMINICA.

To his Excellency the Marquis de Bouille, Marshal of the King's Camp and Armies, Lieutenant General and Governor General, in and over the Islands of Martinico, Dominica, Grenada, and St Vincent, Tobago, &c. &c.

The Memorial of the Council and Assembly, representing the capitulants of this Island.

By virtue of the 17th Article of the capitulation signed by your Excellency, the capitulants of this Island were authorised to ship the produce of their estates, in neutral ships, to neutral ports in Europe, and to receive from them the necessary supplies of provisions and plantation stores.

Annexed to the oaths of the respective shippers of produce on neutral vessels, his Excellency the Marquis du Chilleau, his Majesty's Governor in this Island, granted to the master of each vessel his certificate, that such shippers were capitulants, and the produce laden in such vessel was the growth of their estates, and therein recommended those vessels and their cargoes to the protection of all his Majesty's subjects, those of his Most Catholic Majesty and to the Americans in alliance with France. These certificates were always respected till now, and in consequence such neutral vessels, although detained and examined at different times, arrived at their destined ports.

To the infinite surprise of your memorialists, they have received advice from Philadelphia, that the Dutch ship, the Resolution, Captain Waterburg, was retaken from an English privateer, belonging to Carolina, by the Ariel, an American privateer, belonging to Messrs Robert Morris, Samuel Inglis, and William Bingham of Philadelphia, carried into that city, and was there condemned and sold with her cargo, without respecting either the capitulation, or the certificate and recommendation of his Excellency the Marquis du Chilleau. This ship was loaded at Dominica and regularly cleared there for Amsterdam within the time limited by his Britannic Majesty's Proclamation in favor of Dutch vessels, loading in the conquered Island, the commander of the Carolina privateer, unacquainted with the Proclamation, had detained her as a Dutch ship. That this ship would certainly have been released in Carolina cannot even be doubted, as she had before been carried into the Island of Nevis on the same voyage, and released with a compensation after her papers were examined.

Your memorialists have received further advice, that another American privateer has taken and carried into Boston, the Ostend brig Eeirsten, Captain Thomson, bound from that port to this Island, and laden with provisions and plantation stores for the estates of your memorialists, where we fear she will have the same fate.

If the Americans should persist and be authorised to take and confiscate neutral vessels, loaded with the produce of capitulants' estates under the authority of the French government, and those who in return are loaded with the provisions essentially necessary to them, what is the trade of this Island? This must put an effectual end to it; what resources are then left to us?

The inhabitants of this Island are capitulants, and they dare flatter themselves, that under their present government they have the merit of having constantly manifested the most uniform propriety of conduct; the Americans should not only have respected, but protected their property. Bound to do so by their treaty of friendship with France, by the capitulation, and by the certificate and recommendation of the French Governor.

Your memorialists do therefore most earnestly entreat, that your Excellency will be pleased to take this Memorial into consideration.

Council Chamber, in Roseau, the 23d day of November, 1781.[5]

ABRAHAM SHAW, _President in Council_.

House of Assembly, Roseau, this 23d day of November, 1781.

J. MORSOU, _Speaker of the House of Assembly_.

FOOTNOTES:

[5] Extract from an authentic copy of the capitulation, granted by the Marquis de Bouille to the Island of Dominica.

"ARTICLE 7th. That they (the inhabitants of Dominica) shall pay no other duty to his Most Christian Majesty, than they have paid to his Britannic Majesty, without any charge or imposts. The expenses attending the administration of justice, the Minister's stipends and other customary charges, shall be paid out of the revenue of his Most Christian Majesty in the same manner as under the government of his Britannic Majesty.

"Granted, and that the inhabitants of Dominica may freely export their produce to all parts, on paying into the custom house the duties, which the inhabitants of the French Islands pay in the Islands or in Europe; but the expenses for administration of justice shall be paid by the Colony.

"ARTICLE 17th. The merchants of the Island may receive vessels to their address from all parts of the world, without their being confiscated, and they may sell their merchandise, and carry on their trade; and the port shall be entirely free, for them for that purpose, paying the customary duties paid in the French Islands.

"Granted, until the peace, English vessels excepted."

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ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs. February 20th, 1782.

Sir,

I was yesterday honored with your note, covering the papers, which relate to the ship Resolution's cargo, and the brigantine Eeirsten's. With respect to the first, I believe there is little doubt, that that part of the cargo, which is condemned would be acquitted upon a rehearing, and proving, that it was the property of capitulants. The case of the brigantine is much more intricate, and carries strong marks with it of a fraudulent design to protect British property, contrary to the spirit of the capitulation. One of the Judges who condemned this vessel assures me, that there was strong proof, that the cargo belonged to British owners, even after she parted from Ostend, nor was there any evidence that the bottom was neutral. The capitulation does not certainly tend to cover any other property of the capitulants, but that which should be shipped from the Island, or to the Island from a neutral port, otherwise its trade with Britain would stand upon the same footing as it did before the capture. However, I have not had such a view of facts, as will enable me to give an opinion upon the subject, and if I had it would not fall within my department to determine upon it.

The line in which justice will most speedily be done, will be for the parties who conceive themselves aggrieved to petition Congress for a rehearing. If, Sir, you shall approve it, I will lay before them your note, with the papers annexed, and my opinion thereon. I doubt not, that they will readily adopt such measures as are most consistent with justice, and the respect they will feel for your recommendation.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, March 8th, 1782.

Sir,

I have the honor of informing your Excellency, that I am about to take a journey to Virginia, and shall probably be absent some weeks. M. de Marbois will remain here during this interval, as _Charge d'Affaires_ of his Majesty. Be pleased to honor him with your confidence, in case that circumstances shall render it necessary for him to make any communication to Congress.

If your Excellency has any commissions, with which to intrust me, for Virginia, I entreat you to be assured of my punctuality in performing them.

I am, Sir, respectfully, &c.

LUZERNE.

* * * * *

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, April 17th, 1782.

Sir,

I have repeatedly applied to the Department of War, to have a settlement made of the accounts of M. de la Radiere, an officer of Engineers, and General Baron de Kalb, both of whom died in the service of the United States.

I have been answered, in the absence of General Lincoln, that the demands, which I made by order of my Court, for the benefit of their heirs, were just, but as yet no money has been paid to me, and I therefore entreat you to be pleased to procure it as soon as possible. I have received several letters from the family of Baron de Kalb, and I wish to be able to send them a satisfactory answer. General Lincoln having returned, I hope that these two affairs will suffer no delay.

The Count de Barras also demanded, in the month of July of last year, the payment of the sums due to the volunteers, who have served on board the Ariel, Captain Paul Jones; and on leaving the Chesapeake he has renewed his demands, in order that this money may be sent to France, where it will be paid to those to whom it belongs. This debt amounts to four thousand one hundred and ninetyseven livres tournois, not including the sum of one thousand one hundred and fiftyone livres, which has been paid to Joseph Caron, Francois Marais de Tulipe, Joseph Powaruce, and Paterne Jean, who were on board the Hermione. Congress, by a resolution, the date of which I cannot recollect, last year ordered the whole of this sum to be paid. I entreat you, Sir, to be pleased to persuade the Board of Admiralty to bring this affair to a close, and to transmit this sum to his Majesty's Consul, that he may send it to those to whom it is due.

I have the honor to be, &c.

LUZERNE.

* * * * *

TO GEORGE WASHINGTON.

Translation.

Philadelphia, April 13th, 1782.

Sir,

I embrace the first moment after my return from Virginia, to comply with the request of the principal officers of our army, in tendering you their sincere respects.

I have already forwarded to your Excellency a letter from Count de Rochambeau; on my return here, I found letters from my Court, dated in February last. They do not announce anything pacific, on the part of our enemies. No progress is made in the mediation of the Courts of Vienna and Petersburg, and the Court of London seems determined to risk the event of another campaign, in which they will employ all the strength they have left. The plan for the campaign was not yet finally decided, it depending on some arrangements, which were yet to be made with the Court of Madrid, and on some advices, which were expected from the Antilles. It nevertheless seemed to be the intention to act vigorously for the assistance of the United States, and though no particular assurances could be given me on this head, yet from what they write me, it is probable that New York or Charleston, or perhaps both, will be the object of their efforts next campaign.

I think it, however, proper to inform you, that at the same time they announce to me their general views, they observe, that it is an unhappy circumstance, that the American army is so weak as it is; and they seem to fear, that it will not be in a condition to second their efforts, when it shall be necessary to strike, a decisive stroke, or to undertake operations, in which such extensive means are required as in a siege.

I beg your Excellency would enable me to give my Court the necessary information on a matter so important as this is. I am not curious to know any of the particular details relative to your army, which it may be necessary to keep secret, but the military operations of France and America are so intimately connected, that it is indispensable for us to know what is the actual force and means which you have, in order to calculate with any degree of probability what enterprises can be undertaken. Our ignorance in this respect cannot but be very prejudicial to our affairs, because, if from false information we consider your army as weaker than it really is, it will prevent our forming plans, which it would be possible to execute; and if, on the contrary, we are led to believe it stronger than it really is, we run the risk of forming plans impracticable in their execution. It is from these considerations, that I beg of you to confide to me such information on this head as you may think proper, both with respect to the actual force you have at the different parts of the continent, and what it will probably be in the course of the campaign. It is equally interesting to know the force of the enemy, both in regulars and militia. I beg you to rest assured of the discretion, with which I shall make use of these communications.

I cannot refuse myself the pleasure of communicating to you the sentiments, with which our Court and the nation at large are inspired, from the reports of the French officers, respecting your Excellency, on their return to Versailles. Their testimony could add nothing to the universal opinion of the great services you have rendered your country, but to the esteem and admiration of the French are now added a sentiment of affection and attachment, which are the just return for that attention which our military experienced from you, and the progress they made in their profession by serving under your orders.

I have the honor to be, &c.

LUZERNE.

* * * * *

COUNT DE ROCHAMBEAU TO M. DE LA LUZERNE.

Williamsburgh, April 16th, 1782.

I send you under a flying seal, my dear Chevalier, the letter I have written to M. de Guerny, commanding the Emerald frigate. You will observe, that I am yet in a state of ignorance, not having received my ministerial despatches. It is of the greatest consequence, that this letter should be forwarded by a safe route, through the hands of General Washington, that it may be despatched as quick as possible.

Our last news from Edenton is of the 8th of April, by a captain of a vessel, who left Georgetown the 25th of March. The enemy employ all the wagons of Charleston in transporting their stores on board the empty vessels, which came from New York.

I think General Washington would do well to have all the works levelled, which we made at Rhode Island round Newport, and even the fort on Butts' Hill, if he has not troops vigorous and firm to keep possession of it.

The plans of the enemy seem to give their marine all the superiority they can in these seas. I think they must have it much at heart to re-occupy the port of Rhode Island. The port of New York being precarious, the entry depending on the tides, they run the greatest risks in their naval combats, in not having a port where they can take refuge at all times.

I have not time to translate this into English; I beg you to transmit it to our General, as well as that for M. de Guerny, that he may forward it with the greatest despatch.

I submit, with reason, all my reflections on Rhode Island to him. I have always in mind Lord North's speech, and the news which seemed to follow, of the pretended evacuation of Charleston.

Count Ferson sets off to meet my despatches; he tells me that there is a detachment of about one hundred men, which might be employed jointly with the militia in levelling the works.

ROCHAMBEAU.

* * * * *

TO GEORGE WASHINGTON.

Translation.

Philadelphia, April 18th, 1782.

Sir,

On my return to this place, Count Beniowsky delivered to me a plan, which he wished to have communicated to your Excellency before your departure from Philadelphia, but as he was particularly recommended to me by my Court, he deferred taking that step till my arrival. He will not make any proposition to Congress without first consulting your Excellency and obtaining your approbation, and it is with this view he now goes to the army.

I need not recall to your Excellency's mind, the services and actions, which have recommended Count Beniowsky. His fervor you are acquainted with, and I am persuaded, that if you think he can be useful to the United States, no one will more sincerely support him in carrying into execution those views, which brought him to this continent.

I have the honor to be, &c.

LUZERNE.

* * * * *

GEORGE WASHINGTON TO M. DE LA LUZERNE.

Newburgh, April 28th, 1782.

Sir,

I receive with much gratitude the remembrance and compliments of the principal officers of the French army in Virginia, and thank your Excellency for the trouble of being the bearer of them to me, and the letter from Count de Rochambeau.

With equal sensibility and pleasure, I received and do now acknowledge my obligations to your Excellency for the communications from your Court, which, though not decisive, are nevertheless important. The late instance of their generous aid, hinted at by your Excellency and particularised by Mr Morris, is one among a variety of important considerations, which ought to bind America to France in bonds of indelible friendship and gratitude, never I hope to be sundered. Induced by that entire confidence, which I repose in your Excellency, and a full conviction, that a nation, who combines her force with ours, for purposes of all others most interesting to humanity, ought not to be deficient in any information I can give to point objects to means, that an accordance with them may be inseparable, I shall, without hesitation, give you the state of our present force, and my ideas of the increase of it by recruits, from the best view of it which is before me.

It can scarcely be necessary to inform your Excellency, that our military establishment for the present year consists of one regiment of artillery, four legionary, and two partisan corps, and fifty regiments of infantry, beside the corps of invalids; or that Congress have called in pointed terms upon each State to complete its regiments to the establishment, the aggregate of which, if complied with, would amount to thirtyfour thousand three hundred and eight men, exclusive of commissioned officers, sergeants, and music, Hazen's regiment, and the corps of invalids. Of this force, one legionary corps, two regiments of artillery, and twentytwo of infantry, besides Hazen's regiment and the invalids, compose the northern army; but as Hazen's regiment is fostered by no State, discouraged from recruiting by all, and without funds if the case were otherwise, it must soon dwindle to nothing, being now very weak.

The present totality of the rank and file, exclusive of sergeants, of those regiments which compose the northern army, amounts to nine thousand one hundred and fortysix. From this number the sick men, in different branches of the staff department, and such as are employed on other extra duties, which the peculiarity of our circumstances compels me to furnish from the army, being deducted, will reduce the efficient operating force of these corps to seven thousand five hundred and fiftythree rank and file, and I should be uncandid if I were not to acknowledge, that I do not expect it will be increased by recruits in the course of the campaign, to more than ten thousand fit for duty in the field. This, Sir, in my opinion will be the full amount of the established regiments of the States east of Pennsylvania. To ascertain the number of militia, who may be assembled for occasional offensive operations, is more than I can do. The general opinion is, that there will be no want of militia for my enterprise we can have in view. Be this as it may, this one thing is certain, that this class of men are not only slow in their movements, but undertaking to judge also of the propriety of them in point of amount, will wait till the necessity for it strikes them, which, in most cases, is as injurious to the service as inability or want of inclination; disappointment being the consequence of delay. This observation I could not refrain from making, because in all combined operations, especially those which may depend upon the season or a limited period for their execution, it is of the utmost importance to be known.

The enclosed return, which is a copy of the last state of the force under the order of Major General Greene, which has come to my hands, will give your Excellency every information in my power, respecting the state and condition of that army; which was to be augmented by the partisan corps of Colonel Armand, consisting of about two hundred horse and foot. Independent of those, there are two small regiments at Fort Pitt. One from the State of Pennsylvania, the other from Virginia, which are included in the general establishment of the army; but no particular return is here given of them.

What measures are adopted by the States of Georgia and North and South Carolina, to recruit their battalions, I know not. Virginia marched about four hundred men the latter end of February for the southern army; and by an act of the legislature, passed at their last session, resolved to raise more; but in what forwardness they are, or what is to be expected from the act, I am equally uninformed. Maryland and Pennsylvania depend upon voluntary enlistments, and are proceeding very slowly in the business of recruiting.

This, Sir, is an accurate state of the force we have at present, and my expectation of what it may be, independent of militia.

The enemy's force, from the best information I have been able to obtain of it, may stand thus at New York;

Rank and File.

Regulars, including their established corps of Provincials, 9,000 Militia of the city, refugees, and independent companies, 4,000 Sailors and marines, according to the number of ships which may be in the harbor;--this being uncertain no number is given, Now in New York, 13,000 Charleston, about 3,300 Savannah, about 700 In Canada, including British, German, and established Provincials, 3,000 Penobscot, about 500 Halifax and its dependencies, uncertain, but say, 3,500 ------ In all, 26,000