TO THE PRESIDENT OF CONGRESS.
Passy, 20th July, 1778.
Sir,
We have the honor to inform Congress, that the Spy, Captain Nyles, has arrived at Brest, and brought us a ratification of the treaties with His Most Christian Majesty, which has given much satisfaction to this Court and nation. On the 17th instant we had the honor of exchanging ratifications with his Excellency the Count de Vergennes. The treaties ratified, signed by his Majesty, and under the great seal of France, are now in our possession, where, perhaps, considering the dangers of enemies at sea, it will be safest to let them remain at present. Copies of them we shall have the honor to transmit to Congress by this opportunity.
War is not yet declared between France and England, by either nation, but hostilities at sea have been already commenced by both, and as the French fleet from Brest, under the command of the Count d'Orvilliers, and the British fleet, under Admiral Keppel, are both at sea, we are in hourly expectation of a rencontre between them. The Jamaica fleet, the Windward Island fleet, and a small fleet from the Mediterranean, have arrived at London, which has enabled them to obtain by means of a violent impress, perhaps a thousand or fifteen hundred seamen, who will man two or three ships more, in the whole making Admiral Keppel's fleet somewhat nearer to an equality with the French. In the mean time, the Spanish flotilla has arrived, but the councils of that Court are kept in a secrecy so profound, that we presume not to say with confidence what are her real intentions. We continue, however, to receive from various quarters encouraging assurances, and from the situation of the powers of Europe it seems highly probable, that Spain will join France in case of war.
A war in Germany, between the Emperor and King of Prussia, seems to be inevitable, and it is affirmed that the latter has marched his army into Bohemia, so that we apprehend that America has at present nothing to fear from Germany. We are doing all in our power to obtain a loan of money, and have a prospect of procuring some in Amsterdam, but not in such quantities as will be wanted. We are constrained to request Congress to be as sparing as possible in their drafts upon us. The drafts already made, together with the great expense arising from the frigates which have been sent here, and the expenses of the commissioners, the maintenance of your ministers for Vienna and Tuscany, and of prisoners who have made their escape, and the amount of clothes and munitions of war already sent to America, are such, that we are under great apprehensions that our funds will not be sufficient to answer the drafts, which we daily expect, for the interest of loan office certificates, as well as those from Mr Bingham.
We have the honor to enclose a copy of a letter from M. de Sartine, the Minister of Marine, and to request the attention of Congress to the subject of it.
We are told in several letters from the honorable Committee for Foreign Affairs, that we shall receive instructions and authority for giving up, on our part, the whole of the 11th article of the treaty, proposing it as a condition to the Court of France, that they on their part should give up the whole of the 12th. But unfortunately, these instructions, and authority were omitted to be sent with the letters, and we have not yet received them. At the time of the exchange of the ratifications, we mentioned this subject to the Count de Vergennes, and gave him an extract of the Committee's letter. His answer to us was, that the alteration would be readily agreed to, and he ordered his secretary not to register the ratification till it was done. We therefore request that we may be honored with the instructions and authority of Congress to set aside the two articles as soon as possible, and while the subject is fresh in memory.
The letter to M. Dumas[51] is forwarded, and in answer to the Committee's inquiry, what is proper for Congress to do for that gentleman, we beg leave to say, that his extreme activity and diligence in negotiating our affairs, and his punctuality in his correspondence with Congress as well as with us, and his usefulness to our cause in several other ways, not at present proper to be explained, give him, in our opinion, a good title to two hundred pounds sterling a year at least.
The other things mentioned in the Committee's letter to us shall be attended to as soon as possible. We have received also the resolution of Congress of the 9th of February, and the letter of the Committee of the same date, empowering us to appoint one or more suitable persons as commercial agents, for conducting the commercial business of the United States in France, and other parts of Europe. But as this power was given us before Congress received the treaty, and we have never received it but with the ratification of the treaty, and as by the treaty Congress is empowered to appoint consuls in the ports of France, perhaps it may be expected from us, that we should wait for consuls. At present, Mr John Bonfield of Bordeaux, and Mr J. D. Schweighauser at Nantes, both by the appointment of Mr William Lee, are the only persons authorised as commercial agents. If we should find it expedient to give appointments to any other persons, before we hear from Congress, we will send information of it by the first opportunity. If Congress should think proper to appoint consuls, we are humbly of opinion, that the choice will fall most justly as well as naturally on Americans, who are, in our opinion, better qualified for this business than any others, and the reputation of such an office, together with a moderate commission on the business they may transact, and the advantages to be derived from trade, will be a sufficient inducement to undertake it, and a sufficient reward for discharging the duties of it.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
FOOTNOTES:
[51] Private Agent for American Affairs in Holland.
The Functions of Consuls,
Are to maintain in their department the privileges of their nation according to treaties.
To have inspection and jurisdiction, as well civil as criminal, over all the subjects of their States who happen to be in their department, and particularly over commerce and merchants.
This sort of commission is not given, but to persons above thirty years of age.
Those appointed should cause their powers to be registered in the nearest Court of Admiralty, and in the Chamber of Commerce, if there is one, near the place of their residence.
On his arrival there, the Consul should publish his powers in the assembly of merchants of his country happening to be there at the time, and put them on the records of the Consulate.
When there is any question that affects the general affairs of the commerce of his nation, he ought to convoke all the merchants and masters of vessels of his nation then in the place, who are obliged to attend, under penalty, according to the resolutions taken in these assemblies; the Consul issues orders which ought to be executed, and of which he should send copies every three months to the Lieutenant General of the nearest Admiralty and Chamber of Commerce.
The jurisdiction of Consuls extends to several objects, for he not only supplies the place of a Court of Admiralty, but also of a common court of justice.
In civil matters the judgments are to be executed, provisional security being given for the sum adjudged; in criminal matters definitively and without appeal, if given with two of the principal merchants of his country assisting, except where corporal punishment appertains to the crime, in which case the process and proofs are to be drawn up by the Consul, and sent with the criminal by the first vessel of the nation, to be judged by the proper authority in the first port thereof where he arrives.
The Consul may also oblige any of his nation to depart, if they behave scandalously, and captains are obliged to take them, under a penalty.
If the Consul has any difference with the merchants of the place, the parties are to appear in the next Court of Admiralty, and the cause is to be there adjudged.
The Consul has a clerk, who keeps an office, in which all the acts of the Consulate are registered. He names also the officers who execute his precepts, and takes their oaths. If war happens, the Consuls retire.