Part 15

You tell me, also, that it is the Governor's opinion, that the State should have the benefit resulting from the passports, because the undoubted power of granting such passports is in the State; and in another letter you say it has been urged in argument, that Congress have no right to grant the passports. As the right is thus brought in question, it is to be presumed, that should that right be in Congress, the Governor's argument must operate in their favor. If I am rightly informed, their right on this occasion is not only unquestionable, but it is exclusive; and I am told that numerous instances have occurred in which vessels having passports from one State have been captured by the privateers of another State, and been adjudged lawful prize. Judge Griffin, who is now in Virginia, can doubtless give information on this subject, and if one could be allowed to determine where the right is from where it ought to be, there can be no doubt but that it must be in Congress. If this be so, then the assertions about delivering the rights of Virginia into the hands of Congress, must be considered as nothing more than mere flowers of rhetoric, which are very good to please an audience, but ought not to influence or convince a legislative body.

How it can be said, that these passports contravene the resolutions of Congress for confiscating British manufactures within the United States, I am at a loss to conceive, and shall be, unless it can be proved, that tobacco is a British manufacture. For I cannot suppose, that it is intended to confiscate that property, which, having been secured by the capitulation, is under the protection of the law of nations, which law must always be taken notice of and respected by the municipal law of every civilized country. As to the laws of Virginia, which may be contravened by it, I cannot speak decidedly, but I have a pretty strong reason to doubt the truth of this assertion, and it will presently be assigned. But of all things in the world the most ridiculous is the assertion, that this would give cause of complaint to the King of France. There is something of the same kind in the resolutions of the Delegates, which I will now consider; observing beforehand, that the objection would come rather unfortunately, should it be made by men, whose zeal for the honor and interest of his Most Christian Majesty has never shown itself, except in the present moment, and then by exciting discord among his allies.

The resolutions, being the act of a respectable body, are deserving of respect, and shall meet with it from me. But I must take the liberty to differ from them in some of their positions. It is resolved first, that allowing the capitulants to export tobacco is not _warranted_ by the capitulation. Much of what follows depends on the equivocal sense of the word _warranted_. If by that word is meant enjoined, or directed, the position is just, but if the idea to be conveyed is, that such exportation is not _permitted_, then the position is untrue. The exportation is very clearly permitted by the capitulation, because the capitulation does not prohibit it, nor indeed say anything about it. But in a day or two after the capitulation an agreement was made for the purchase of goods payable in tobacco, which is now sanctioned by the Delegates in the last of their resolutions. Clearly, therefore, the exportation of tobacco in payment for British goods, is (in the judgment of the Delegates) _permitted_ by the capitulation.

The second resolution seems to go upon a mistake. The Acts of Congress for confiscating British manufactures, as I have already observed in another place, cannot, I should imagine, be contrary to the laws of the Commonwealth, or else it would not have been permitted in another instance, for the Delegates cannot be supposed to intend a breach of the law, and still less can they be supposed to mean, that it was lawful for the general and the State Agent to do what it is not lawful for the United States in Congress to do.

The third resolution, quoting a part of an article in the treaty of commerce, appears to me to be rather inconclusive. The object of that article was to make provision in a case which might happen, when one of the high contracting parties was at peace, and the other at war, which is not the case at present. The sense which France entertains on this subject may clearly be learnt from the various capitulations granted to the conquered Islands; and if I am not much misinformed the sense of Virginia on this very question of exporting tobacco may be found, by consulting sundry instances of the kind subsequent to the capitulation of York.

The fourth resolution is a conclusion drawn from the three preceding, and says that the capitulation does not warrant the enemy to export tobacco, and that such exportation would be contravening the regulations of the United States, and contrary to the laws of the Commonwealth, wherefore the vessels ought not to be permitted to load. The premises on which this conclusion is founded being unsupported, the conclusion itself must fall, or else the next succeeding resolution ought to be revoked.

The industry which you say has been used on this occasion would not have surprised me, if our affairs had been in such train, that the country was entirely out of danger. But under our present circumstances, it both astonishes and afflicts me, not for myself, but for the public. Men may flatter themselves, that all is safe and well, and endeavor to shrink from the public burdens and embarrass the public operations, but the consequence is clear, and certain. The enemy know they cannot conquer, and therefore seek to divide us. Convinced that the Northern and Eastern States cannot even then be subdued, their ultimate ambition now is to subjugate those to the southward, and the only means under heaven of preventing it is by unanimity. That the other States should be plunged into hasty measures, pregnant with disunion, might have been expected, but that any inhabitants of a State, deeply interested to pursue the contrary conduct, should be so blind both to the duty and interest of that State will scarcely be believed hereafter, and could not have happened now, but from causes which would bear a harder name than I shall give them.

I am, Sir, &c.

ROBERT MORRIS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Office of Finance, May 31st, 1782.

Sir,

I perceive that on the 29th instant Congress resolved, "that the salaries and allowances to which the public servants of the United States are, or shall be entitled, be in future paid by the Superintendent of Finance, and of the moneys which shall from time to time be in his hands, and that the said public servants be authorised to make quarterly drafts on him for that purpose." The tenor of this resolution would, I believe, give to every officer of the United States, both civil and military, the right of drawing upon me, which would be liable to this objection among many others, that I should frequently be obliged to protest the bills for want of funds to discharge them. If, therefore, the object of the resolution was to provide for the foreign servants only, it might, perhaps, be proper to make some alteration in the terms.

But I would submit to Congress whether a better mode might not be devised for payment of the salaries in question. It will tend greatly to simplify the public accounts if those of each Department be brought under one separate head, whereas if bills are to be drawn by every public officer much confusion would be introduced, and forged bills might be paid without a possibility of detecting the forgery. The present mode which I have adopted is, that the accounts of each Department of the civil list be made up and settled at the treasury quarterly, and that a warrant issue for the amount. If this mode be pursued with respect to the Department of Foreign Affairs, the moneys may be remitted to those who are abroad by the Secretary of Foreign Affairs, until they shall have appointed their respective agents to receive it for them here. This will not only simplify the accounts, but be of great use to the parties, because in some cases they may be unable to sell their bills on this country at all, and in others they must suffer a considerable loss. And if obliged to send such drafts on their own account to obtain payment of their salaries, much time may be lost by delay in tedious passages and other accidents, and of course they will be exposed unnecessarily to inconveniences and disappointments.

I am, Sir, &c.

ROBERT MORRIS.

* * * * *

TO GEORGE OLNEY, OF RHODE-ISLAND.

Office of Finance, June 1st, 1782.

Sir,

I have received your favor of the 13th of May last, enclosing an account of moneys you had received. The particular details you have entered into are a pleasing circumstance to me, as they show your accuracy and attention; but as such returns will consume much time and be of no correspondent utility, it will not be necessary to continue them; but in general state to me the amount of cash received, the amount of cash exchanged, the amount of cash in hand, the amount of bank notes in hand, and the amount of my notes in hand.

It would be of great use to the State that the special account of the money received from each collector should be published; and when they place you in the situation required by Congress, it will form a part of your duty. In the interim you had better avoid any discussion on the subject, which may lead to disagreeable altercation. If the sum total received from each collector were published, in order to render the system complete it would be proper, that every such collector should be obliged to deposit, in some place within the circle of his collection, such account of his receipts _for the public inspection_, that every man might see whether the moneys he had paid were fairly delivered over.

You will do well to explain this whole system to men of discernment in your legislature. My object in this branch of administration is to enable each individual man to trace the money he pays, from his own pocket into the public treasury. To this I shall add accounts of equal notoriety, by which every man who can read (being previously informed as above of the sum total of receipts) may perceive the manner in which the public treasure is expended and appropriated. A similar line of conduct will be pursued with respect to all funds which may be granted for liquidation of the national debt.

Finally, when all the world can perceive that our revenue is equal to our expenditure, and that new revenues are devising, and the old daily placing in a better state of collection, our credit will be firmly established; that will enable the public to command money in any emergency, both at home and abroad; that again will put us in a situation to make active, vigorous exertions, and thus we shall come to be beloved by our friends, feared by our enemies, and respected by all mankind. In this natural progress and order of things, I must expect of the several States, as the servant of the United States, a revenue ample in its extent, punctual in the payment, and absolutely at my disposition. In return for such grants the States are to expect from a Superintendent of Finance, vigilance, integrity, order and economy. Should he be deficient in these duties he will deserve to be removed and punished. Should the States be deficient they must allow him to complain, they must expect him to remonstrate, and finally they must not be surprised if their negligence, boding ruin to their country, be pointed out, and exposed, and reprehended.

Your most obedient, &c.

ROBERT MORRIS.

* * * * *

CARON DE BEAUMARCHAIS TO ROBERT MORRIS.

Translation.

Paris, June 3d, 1782.

Sir,

The health of poor Francy not yet permitting him to hazard another voyage to America, I find myself obliged (to my very great loss and regret) to postpone the hope of closing and settling all my accounts with the General Congress, until he shall have recovered sufficient strength for his voyage; he alone being able to resume the thread and instructions of an affair, which he has already pursued with so much assiduity during three years.

From one merchant to another, the extract of the account adjusted in France by the person authorised, who has ordered and vouched all my advances, and which I have the honor herewith to address to you, would be sufficient for the entire settlement of my account; but my business lies with an association of United States, who have intrusted the administration of their most valuable interests, to an assembly of citizens, to a General Congress, the members of which are continually changed, and as continually liable to view transactions of the oldest date, and those which have been most thoroughly investigated at other times, with the same uncertainty and ignorance of circumstances, as if they were new events. From whence arises the necessity of causing my accounts to be adjusted and settled by the same agent, who has already presented and discussed them, agreeably to the vouchers in his possession; which M. de Francy will do as soon as his health will permit him to undertake a voyage at sea.

In the meantime, Sir, I have the honor to address to you a faithful abstract of my accounts, as they have been settled by Mr Deane, with whom alone, on behalf of the General Congress, I treated. His misfortunes, the malice with which his character, naturally mild and uniform, has been aspersed, and the complaints which I have heard in this country against certain of his writings, (of which I have not yet seen any) since the English papers made them public, have not changed the opinion I had formed of him; and I will always do him the justice to say, that he is one of those men, who have contributed most to the alliance of France with the United States. I will even add, that his laudable endeavors in the most difficult times merited, perhaps, another recompense. I see there are intrigues _among Republicans, as well as in the Courts of Kings_. This digression, (which a compassionate feeling for a man, worthy of a better lot, forces from me in writing to you, to you, Sir, who have loved him as I do,) this digression excused, I resume my affair; and I request of you, Sir, to engage Congress to assist me by the very first opportunity, with bills of exchange, such as the first which I received in 1779. Though they are not yet payable, and though I have been obliged to undergo the heaviest losses in order to make them serviceable, I cannot support the weighty burden of my credit to America, (with which alone I should be able to settle my debts in Europe,) without having, at least, an object representative of this said credit in my hands. And neither the Congress nor I should look too minutely to the losses that I sustain in the negotiation of this paper. It is one of the events, one of the indispensable consequences of the nature and situation of things. Have then the justice, Sir, to remit to me as speedily as possible, if not the whole of my account, at least a large part of what is due to me by Congress in bills of exchange, reserving what may be objected to in the account and its full proof, until Francy may be able to repair to Philadelphia. My very embarrassed situation will cause me to receive this strict justice from Congress as a favor, and I shall be under the greatest obligation to you for it.

Receive, Sir, all my congratulations on the merited confidence which your fellow citizens have placed in you. No man can entertain a greater esteem for your person and superior talents than I do. Messrs De Francy and Deane have taught me to become acquainted with you; and it is after the most deliberate affection that I subscribe myself, with the most respectful regard and acknowledgement, Sir, your obedient servant.

CARON DE BEAUMARCHAIS.

* * * * *

THE FOLLOWING ARE THE ABSTRACTS MENTIONED IN THE PRECEDING LETTER.

_Dr the Honorable Congress of the United States in Account Current with Caron de Beaumarchais._

1776, _Livres._ _s._ _d._

Sept. 21, To so much paid Messrs Du Coudray & Le Brun, 3,600 Oct. 25, To ditto paid ditto, 4,400 Nov. 6, To ditto paid ditto, 7,200 " 12, To ditto paid Mr Silas Deane, 20,000 " 18, To ditto paid Messrs Du Coudray & Le Brun, 12,000 " 21, To ditto paid ditto, 12,000 " 25, To ditto paid the Chevalier Prudhomme de Bore, 2,400 " 27, To ditto paid ditto, 2,100 " 25, To ditto paid the Chevalier Prudhomme de Bore, 2,400 " 27, To ditto paid ditto, 2,100

Dec. 4, To ditto paid Messrs Du Coudray & Le Brun, 53,541 13 4 " 5, To ditto paid ditto, 4,800 " " To ditto paid Mr Silas Deane, 2,400 " 6, To " " M. de Vrigny, 600 " 12, To " " Mr Rogers, 240 " 13, To amount of the cargo and expenses to departure of the ship _Amphitrite_, insurance, freight, and commission on the outfit, 979,493 8 3 " 14, To so much paid M. de Goy, 240 " 26, To ditto reimbursed to M. de Montieu per Silas Deane, 411 16 " " To commission at 1 per cent on the above payments made to Mr Deane, 228 1 1777, Jan. 15, To amount of the ship _Seine_, her cargo, charges to departure, insurance, freight, and commission on the outfit, 784,631 2 10

Feb. 5, To amount of the cargo and charges to the departure of the ship _Mercury_, insurance, freight, and commission of the outfit, 878,758 13 " 15, To ditto of the ship _Amelia_, 241,068 15 3 " 27, To so much paid M. de Goy, 800 " " To commission at 1 per cent on the several payments as above made to Messrs Du Coudray, Le Brun, and others, 1,039 4 May 10, To amount of the cargo and expenses to departure of the ship _Teresia_, insurance, freight, and commission on the outfit, 1,062,853 17 6 " 15, To ditto of the ship _Mère Babi_, 89,460 1 June 10, To " " _Maria Catherina_, 166,217 6 3 Sept. 25, To " " _Flamand_, 630,195 14 Nov. 26, To ditto of an account of expenses incurred at St Doiningue, by M. Carabasse, relative to the cargoes of the ships _Teresia_ and _Amelia_, 122,882 7 3

1778, _Livres_ _s._ _d._ May 27, To amount of a second account, ditto 23,037 11 10 1781, April 6 To commission at 1/2 per cent on 25,000) 30,000) = 199,000 in 144,000) bills on Paris, 995 " " To amount of the account of interest at 6 per cent per annum, as particularized hereafter, 1,167,250 ------------------- Livres, 6,274,844 11 6 -------------------

_Contra Cr._ 1777, _Livres_ _s._ _d._ Aug. 23, By net proceeds of the returned cargo of the _Mercury_, 18,728 7 1778, Feb. 27, By ditto, ditto of the _Amphitrite_, 135,338 8 9 April 17, By remittance to Mr Francy of 20,000 dollars at 4 for 1 is, at 5 livres tournois for a dollar 25,000 May 26, By ditto of 24,000 dollars at ditto ditto 30,000 Oct 22, By net proceeds of the returned cargo of the _Teresia_, 124,139 9 6 1779, May 5, By ditto of the _Amelia_, passed on _memorandum_, waiting the final of accounts of M. Carabasse, the shipper in this affair. June 26, By net proceeds of 231 hhds tobacco per the _Fier Rodrigue_, reduced to to 115-1/2 on account of the freight being one half, 74,905 3 9 1780, June 25, By remittances on Dr Franklin to the 15th of June, 1780, viz. 74,000) 72,000) = 144,000[7]

_Livres._ _s._ _d._ 1781, April 6, By balance due to me from the honorable Congress, 5,722,723 2 6 ------------------- Livres, 6,274,844 11 6 ------------------

Errors and omissions excepted.

Paris, April 6th, 1781.

[7] There appears to be an error in adding up this sum, viz. 74,000 and 72,000, amount to 146,000.

* * * * *

_Dr the Honorable Congress in their new Account Current with Caron de Beaumarchais_.

1781, _Livres._ _s._ _d._ April 6, To balance due to me on the preceding account, 5,722,723 2 6 1782, May 18, To commission at 1/2 per cent on 144,000 and 2,544,000 making 2,688,000, in bills on Paris, 13,440

" " To amount of interest account at 6 per cent per annum, as particularized hereafter, 382,698 18

" " To commission at 2-1/2 per cent to M. de Francy on the returns from America, viz.

On 552,121 9 amount of the returns to the credit of their account settled the 6th of April, 1781,

2,882,332 10 9 amount of the returns to the credit of the account settled this day,

3,434,453 19 9 at 2-1/2 per cent, 86,861 6 --------------- Livres, 6,204,723 6 6 ---------------

_Contra Cr._

1781, _Livres._ _s._ _d._ June 25, By remittances on Dr Franklin to the 25th of June, 1781, 144,000

_Livres._ _s._ _d._

July 20, By net proceeds of 150 hhds tobacco per the ship _Peru_, reduced to 75, on account of the freight being one half, 34,991 19

" " By ditto of 176 hhds tobacco per the _Two Helenas_, reduced to 88 by the freight; 49,826 19