The Diplomatic Correspondence of the American Revolution, Vol. 01

by Unknown

TO COUNT DE VERGENNES.

Passy, September 10th, 1778.

Sir,

By some of the last ships from America, we received from Congress certain powers and instructions, which we think it necessary to lay before your Excellency, and which we have the honor to do in this letter.

On the 13th of April last Congress resolved, "that the Commissioners of the United States in France be authorised to determine and settle with the house of Roderique Hortalez & Co. the compensation, if any, which should be allowed them on all merchandise and warlike stores, shipped by them for the use of the United States, previous to the 14th day of April, 1778, over and above the commission allowed them, in the 6th article of the proposed contract between the Committee of Commerce and John Baptiste Lazarus Theveneau de Francy."

In the letter of the Committee of Commerce to us, in which the foregoing resolution was enclosed, the Committee express themselves thus; "this will be accompanied by a contract entered into between John Baptiste Lazarus de Theveneau de Francy, agent of Peter Augustine Caron de Beaumarchais, representative of the house of Roderique Hortalez & Co. and the Committee of Commerce. You will observe, that their accounts are to be fairly settled, and what is justly due paid for, as on the one hand, Congress would be unwilling to evidence a disregard for, and contemptuous refusal of, the spontaneous friendship of His Most Christian Majesty, so on the other, they are unwilling to put into the private pockets of individuals, what was graciously designed for the public benefit. You will be pleased to have their accounts liquidated, and direct in the liquidation thereof, that particular care be taken to distinguish the property of the crown of France, from the private property of Hortalez & Co. and transmit to us the accounts so stated and distinguished. This will also be accompanied by an invoice of articles to be imported from France, and resolves of Congress relative thereto. You will appoint, if you should judge proper, an agent or agents to inspect the quality of such goods as you may apply for to the house of Roderique Hortalez & Co. before they are shipped, to prevent any impositions."

On the 16th of May last, Congress resolved, "that the invoice of articles to be imported from France, together with the list of medicines approved by Congress, be signed by the Committee of Commerce and transmitted to the Commissioners of the United States at Paris, who are authorised and directed to apply to the house of Roderique Hortalez & Co. for such of the said articles, as they shall have previously purchased or contracted for; that copies of the invoices be delivered to Mons. de Francy, agent for Roderique Hortalez & Co., together with a copy of the foregoing resolution; and that the articles to be shipped by the house of Roderique Hortalez & Co. be not insured, but that notice be given to the Commissioners in France, that they may endeavor to obtain convoy for the protection thereof."

We have the honor to enclose to your Excellency a copy of the contract made between the Committee and Mons. Francy, a copy of Mons. Francy's powers, and a copy of the list of articles to be furnished according to that contract, that your Excellency may have before you all the papers relative to this subject.

We are under the necessity of applying to your Excellency upon this occasion, and of requesting your advice. With regard to what is passed, we know not who the persons are who constitute the house of Roderique Hortalez & Co., but we have understood, and Congress has ever understood, and so have the people in America in general, that they were under obligations to his Majesty's good will for the greatest part of the merchandise and warlike stores heretofore furnished under the firm of Roderique Hortalez & Co. We cannot discover that any written contract was ever made between Congress or any agent of theirs, and the house of Roderique Hortalez & Co., nor do we know of any living witness, or any other evidence, whose testimony can ascertain to us, who the persons are that constitute the house of Roderique Hortalez & Co., or what were the terms upon which the merchandise and munitions of war were supplied, neither as to the price, nor the time, or conditions of payment. As we said before, we apprehend that the United States hold themselves under obligations to his Majesty for all those supplies, and we are sure it is their wish and their determination to discharge the obligation to his Majesty, as soon as Providence shall put it in their power. In the mean time, we are ready to settle and liquidate the accounts according to our instructions at any time, and in any manner which his Majesty and your Excellency shall point out to us.

As the contract for future supplies is to be ratified, or not ratified by us, as we shall judge expedient, we must request your Excellency's advice as a favor upon this head, and whether it would be safe or prudent in us to ratify it, and in Congress to depend upon supplies from this quarter. Because, if we should depend upon this resource for supplies and be disappointed, the consequences would be fatal to our country.

We have the honor to be, &c.

B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.