The Diplomatic Correspondence of the American Revolution, Vol. 10

by Unknown

THE CORRESPONDENCE OF CONRAD ALEXANDER GERARD; MINISTER FROM FRANCE.

LETTER FROM THE KING OF FRANCE TO CONGRESS.

Very dear and great Friends and Allies,

The treaties which we have signed with you in consequence of the propositions made to us on your part, by your deputies, are a certain guarantee to you of our affection for the United States in general, and for each one of them individually, as well as of the interest which we take, and shall always continue to take, in their happiness and prosperity. In order to convince you of this in a more particular manner, we have appointed M. Gerard, Secretary of our Council of State, to reside near you in quality of our Minister Plenipotentiary. He is the better acquainted with the sentiments which we entertain towards you, and is the more able to answer for them to you, as he has been intrusted on our part with negotiating with your deputies, and as he has signed with them the treaties which cement our union, we request you to give full credit to all that he shall say to you on our part, particularly when he shall assure you of our affection and of our constant friendship for you. Moreover, we pray God, that he will have you, very dear and great Friends and Allies, under his holy and worthy protection.

Written at Versailles, the 28th of March, 1778.

Your good Friend and Ally,

LOUIS.

APPOINTMENT OF CONSUL-GENERAL OF FRANCE IN THE UNITED STATES.

Louis, by the Grace of God, King of France and Navarre, to all those to whom these presents shall come, Greeting.

Thinking it necessary to create the office of our Consul-General at Boston, and other ports belonging to the United States of North America, and being desirous to confer a favor on M. Gerard, we have thought that we could not make choice of a better person than he, to fulfil the duties of this office, by our knowledge of his zeal and affection for our service and for the interests of our subjects, and of his judgment and ability in naval affairs; for these reasons, and others moving us thereto, we have nominated and appointed the said M. Gerard, and by these presents signed with our hand, do nominate and appoint him our Consul-General at Boston, and other ports belonging to the United States of North America, with power to appoint consuls and vice-consuls in the places where he shall judge them necessary; to have and to hold the said office, to exercise, enjoy, and use it, so long as it shall please us, with the honors, authorities, advantages, prerogatives, privileges, exemptions, rights, benefits, profits, revenues, and emoluments which belong to it, such, and the same as those which our other Consuls-General enjoy. We prohibit all French merchants, and all persons sailing under the French flag, from disturbing him in the possession, duties and exercise of this consulate. We enjoin on all captains, masters and commanders of ships, barks and other vessels, armed and sailing under the said flag, as well as on all our other subjects, to acknowledge the said M. Gerard, and to obey him in this capacity. We pray and request our very dear and great Friends and Allies, the Congress of the United States of North America, their governors and other officers whom it shall concern, to allow the said M. Gerard, and the consuls and vice-consuls whom he shall appoint to the said office, to possess it fully and peaceably, without causing, or allowing to be caused to them, any disturbance or hinderance; but on the contrary to give them all favor and assistance; offering to do the same for all those who shall be thus recommended to us on their part. In witness whereof we have caused our privy seal to be affixed to these presents.

Given at Versailles, the twentyeighth day of March, in the year of our Lord one thousand seven hundred and seventyeight, and of our reign the fifth.

LOUIS.

THE KING OF FRANCE TO CONGRESS.

Very dear and great Friends and Allies,

You will learn, undoubtedly, with gratitude, the measure, which the conduct of the King of Great Britain has induced us to take, of sending a fleet to endeavor to destroy the English forces upon the shores of North America. This expedition will convince you of the eagerness and the vigor, which we are resolved to bring to the execution of the engagements, which we have contracted with you. We are firmly persuaded, that your fidelity to the obligations, which your Plenipotentiaries have contracted in your name, will animate more and more the efforts, which you are making with so much courage and perseverance.

The Count d'Estaing, Vice-Admiral of France, is charged to concert with you the operations, the conduct of which we have intrusted to him, in order that the combination of measures on each side may render them as advantageous to the common cause as circumstances will permit. We entreat you to give full credit to everything, which he shall communicate to you on our part, and to place confidence in his zeal and in his talents.

Moreover, we pray God, that he will have you, very dear and great Friends and Allies, under his holy protection.

Written at Versailles, the twentyeighth day of March, in the year of our Lord, one thousand seven hundred and seventyeight.

LOUIS.

COUNT D'ESTAING TO THE PRESIDENT OF CONGRESS.

At Sea, July 8th, 1778.

Sir,

I have the honor of informing your Excellency, and by you of giving notice to Congress, of the arrival of the squadron of the King upon the shores of the United States of America.

Honored with full powers from the King to treat with Congress, I have the honor, Sir, of sending to your Excellency the copy of my credentials relating to this subject, the honor of presenting them myself; my desire to wait upon the respectable representatives of a free nation, my eagerness to reverence in them the noble qualities of wisdom and firmness, which distinguish them, virtues which all Europe admires and which France loves, are a happiness, which can be delayed only by my desire to render myself worthy of the favors of the United States, while I begin by performing the duties, which circumstances and my military functions impose upon me; I hope that they will serve as my excuse, and that your Excellency will have the kindness to offer them as such to Congress.

I have the honor of writing to his Excellency, General Washington, and shall have that of sending to his head quarters two officers in succession, in order to offer to him to combine my movements with his own. The merited reputation, which so great a soldier has so justly acquired, does not allow me to doubt that he is convinced better than any one else of the value of the first movements. I hope that the authority vested in him by Congress, has allowed him the liberty of taking advantage of them, and that we shall be able immediately, and without any delay, to act in concert for the benefit of the common cause; which seemed to me to require, that the orders of Congress should remove as speedily as possible, the legal difficulties, of which, perhaps, there are none.

Monsieur de Chouin, Major of infantry, and relation of M. de Sartine, is charged with delivering this letter to your Excellency; he is one of the officers whom I send to General Washington.

The readiness with which his Excellency, M. Gerard, Minister Plenipotentiary of the King, is hastening to take up his residence near Congress, and there to display the character with which his Majesty has invested him, will prevent all the delays, which my distance might occasion with regard to the military agreements. I have the honor of assuring your Excellency, that I shall make it my duty and pleasure to execute everything that M. Gerard shall promise. The promises, which he will make to you, will need no other ratifications on my part than those, which my physical force demands, and which the nature of the profession makes necessarily to depend upon the military or naval force, which is in operation.

A Minister so happy as to have had the glory of signing the treaty, which unites two powers whose interests are so intimately connected, will preserve the most important influence upon my further designs. The escort, which conducts him, that by which the King sends back to the United States his Excellency, Silas Deane, is, undoubtedly, the most brilliant which has ever accompanied Ambassadors. I dare hope that it will prove useful to the mutual interest of the two nations.

That will be the happiest moment of my life, in which I shall be able to contribute to it in anything. I shall, at the same time fulfil my duty, as an officer charged with the orders of his Majesty, and I shall satisfy my principles and my inclination as an individual.

I have the honor to be, &c.

ESTAING.

P. S. Permit me to recommend to the favor of Congress, Messrs John Nicholson, Elias Johnson, and Henry Johnson. Mr Nicholson preserved the ship Tonnant, which is the second in the squadron, and Mr Elias Johnson conducted himself with the greatest zeal and the greatest bravery on board the frigate Engageante, in the engagement in which she took the privateer Rose, in the Chesapeake Bay.

RESOLVES OF CONGRESS RESPECTING THE COUNT D'ESTAING'S LETTER, AND THE RECEPTION OF M. GERARD.

In Congress, July 11th, 1778.

Resolved, that General Washington be informed by the President, that it is the desire of Congress, that he co-operate with the Count d'Estaing, commander of a French squadron now on the coast of North America, and proceeding to New York, in the execution of such offensive operations against the enemy as they shall mutually approve.

His Most Christian Majesty, the King of France, having thought proper to send on the coasts a powerful fleet, in order to co-operate with the forces of these States in the reduction of the British army and navy, Resolved, that General Washington be impowered to call on the States of New Hampshire, Massachusetts Bay, Connecticut, Rhode Island, New York, New Jersey, or such of them as he shall judge proper, for such aids of their militia as he shall think requisite for carrying on his operations, in concert with Count d'Estaing, commander of the French fleet; and that it be earnestly recommended to the abovementioned, to exert themselves in forwarding the force, which may be required of them with the utmost despatch.

Resolved, that the Marine Committee be directed to order the Commissioners of the navy to the eastward, to fit out as many continental frigates and armed vessels as possible, with the utmost despatch, to join the French squadron in their operations against the enemy.

Ordered, that the Board of War take measures for providing a suitable house for the accommodation of M. Gerard; and that they give the necessary orders for receiving M. Gerard with proper honor on his arrival.

Resolved, that a committee of five be appointed to wait on M. Gerard on his arrival, and conduct him to his lodgings.

The members chosen, Mr Hancock, Mr Lee, Mr Drayton, Mr Roberdeau, and Mr Duer.

Next morning the committee went to Chester to meet M. Gerard, who received them on board the frigate. In going on board they were saluted with fifteen guns. They then went on shore and waited on him to Philadelphia, and conducted him to General Arnold's head quarters, where a dinner was provided for him and his suit, and a number of the members of Congress. Before dinner he waited on the President.

On Tuesday he delivered to the President sundry papers to be laid before Congress,[23] desiring to know in what capacity Congress were willing to receive him; whether as Minister Plenipotentiary or resident, intimating, that in whatever quality he was received, it would be expected, that the Commissioners from the States at the Court of France should be vested with the same.

FOOTNOTE:

[23] Letters from the King, and notes of M. Gerard.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 14th, 1778.

Sir,

His Excellency, the Count d'Estaing, Vice-Admiral of France, commander of the squadron of the King, being desirous to procure for the armed vessels, whether public or private, of the United States, the means of availing themselves of the operations of this squadron, in order to take prizes from the common enemy, the undersigned has the honor to inform Congress, that all their armed vessels will enjoy the most extended protection of the squadron of his Most Christian Majesty, and that the prizes which they may be able to take will belong entirely to them. He leaves it to the wisdom of Congress to fix upon the means of deriving from this arrangement, the advantage of which it is susceptible. The American vessels, which shall apply to his Excellency the Vice-Admiral, will receive the signals which will be necessary; and the undersigned will successively communicate them to Congress, that information of them may be given to those who shall sail from the ports. He relies on the prudence of Congress in relation to the measures necessary to ensure success in this matter.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 14th, 1778.

Sir,

The squadron which the King, my master, has sent, in order to act in concert with the United States, against the common enemy, having taken some prisoners during its passage, the keeping of whom on board of the vessels would be embarrassing and even dangerous, the undersigned requests the Congress of the said United States to have the goodness to cause these prisoners, as well as those whom the King's squadron shall be able to take in the course of its operations, to be received, to cause provision to be made for their safe keeping and subsistence, in the same manner as that which it makes use of for its own prisoners, and to hold them at the disposal of the King, and subject to the orders of his Excellency, the Count d'Estaing, Vice-Admiral of France, and commander of his Majesty's squadron.

The undersigned will take care to cause all the expenses incurred on this occasion to be reimbursed at certain periods, in such manner as the Congress shall be pleased to point out.[24]

GERARD.

FOOTNOTE:

[24] Congress took into consideration the Memorial respecting prisoners, and thereupon

"Resolved, that all prisoners taken, or which may be taken, by the squadron of his Most Christian Majesty, under the command of the Count d'Estaing, Vice-Admiral of France, be received by the Commissary-General of prisoners, and that he provide for their safe custody and subsistence in like manner as has been usual for the prisoners of these States. That he make monthly returns of all prisoners, which shall be by him so received, to the Board of War. That he make monthly returns to the treasury, of the accounts of all moneys expended for the purposes aforesaid, and that the prisoners be held at the disposal of his Most Christian Majesty, and subject to the orders of his Excellency Count d'Estaing.

"Ordered, that the paper relative to the encouragement given by the Count d'Estaing to American armed vessels, whether public or private, be published."

CEREMONIAL OF ADMITTING THE FRENCH MINISTER TO CONGRESS.

In Congress, July 20th, 1781.

Resolved, That the ceremonial for a Minister Plenipotentiary, or Envoy, shall be as follows;

When a Minister Plenipotentiary, or Envoy, shall arrive within any of the United States, he shall receive at all places where there are guards, sentries, or the like, such military honors as are paid to a general officer of the second rank in the armies of the United States.

When he shall arrive at a place in which Congress shall be, he shall wait upon the President and deliver his credentials, or a copy thereof. Two members of Congress shall then be deputed to wait upon him, and inform him where and when he shall receive audience of Congress.

At the time he is to receive his audience, the two members shall again wait upon him in a coach belonging to the States, and the person first named of two, shall return with the Minister Plenipotentiary, or Envoy, in the coach, giving the Minister the right hand, and placing himself on the left, with the other member on the front seat.

When the Minister Plenipotentiary, or Envoy, is arrived at the door of the Congress Hall, he shall be introduced to his chair by the two members, who shall stand at his left hand. Then the member first named shall present and announce him to the President and the House, whereupon he shall bow to the President and Congress, and they to him. He and the President shall then again bow to each other and be seated, after which the House shall sit down.

Having spoken and being answered, the Minister and the President shall bow to each other, at which time the House shall bow, and then he shall be conducted home in the manner in which he was brought to the House.

Those who shall wait upon the Minister shall inform him, that if in any audience he shall choose to speak on matters of business, it will be necessary previously to deliver in writing to the President what he intends to say at the audience, and if he shall not incline thereto, it will, from the constitution of Congress, be impracticable for him to receive an immediate answer.

The style of address to Congress shall be, "Gentlemen of the Congress."

All speeches or communications in writing may, if the public Minister choose it, be in the language of their respective countries, and all replies or answers shall be in the language of the United States.

After the audience, the members of Congress shall be first visited by the Minister Plenipotentiary, or Envoy.

July 30th. Resolved, That Thursday next be assigned for giving audience to the honorable M. Gerard, Minister Plenipotentiary from his Most Christian Majesty.

August 5th. Resolved, That when the Minister is introduced to his chair by the two members, he shall sit down.

His Secretary shall then deliver to the President the letters of his Sovereign, which shall be read and translated by the Secretary of Congress. Then the Minister shall be announced. At which time the President, the House, and the Minister shall rise together. The Minister shall then bow to the President and the House, and they to him. The Minister and the President shall then bow to each other and be seated; after which the House shall sit down. The Minister shall deliver his speech standing, the President and the House shall set while the Minister is delivering his speech.

The House shall rise, and the President shall deliver the answer standing. The Minister shall stand while the President delivers the answer.

Having spoken, and being answered, the Minister and the President shall bow to each other, at which time the House shall bow, and then the Minister shall be conducted home in the manner in which he was brought to the House.

Resolved, That the door of the Congress chamber be open during the audience to be given to the Minister Plenipotentiary of his Most Christian Majesty.

That the delegates of Pennsylvania be requested to inform the Vice President, the Supreme Executive Council, and the Speaker and Assembly of the said State, that the Minister Plenipotentiary of his Most Christian Majesty, the King of France, will receive his audience of Congress at twelve o'clock tomorrow, when the doors of the chamber will be opened.

That each member of Congress may give two tickets for the admittance of other persons to the audience, and that no other persons except those specified in the foregoing resolution, be admitted without such a ticket signed by the members appointed to introduce the Minister to the Congress.

Thursday, August 6th. According to order the honorable M. Gerard was introduced to an audience by two members of Congress, and being seated, his Secretary delivered to the President a letter from his Most Christian Majesty, directed "To our very dear and great Friends and Allies, the President and Members of the General Congress of the United States," in the words following;

[See this letter above, p. [235], dated March 28th, 1778.]

The Minister was then announced to the House, whereupon he arose and addressed Congress in a speech which, when he had finished, his Secretary delivered in writing to the President, and is as follows;

Translation.

"Gentlemen,

"The connexions which the King, my master, has formed with the United States of America, are so agreeable to him, that he has been unwilling to delay sending me to reside near you to unite them more closely. His Majesty will be gratified to learn, that the sentiments which are manifested on this occasion justify the confidence, with which the zeal and the character of the deputies of the United States in France, the wisdom and the firmness which have directed your resolutions, together with the courage and the constancy which the people have displayed, have inspired him. You know, Gentlemen, that this confidence has laid the foundation of the truly friendly and disinterested plan, upon which his Majesty has treated with the United States.

"It has not rested with him, that his engagements could not secure your independence and your tranquillity without the further effusion of blood, and without aggravating the miseries of mankind, of which it is his whole ambition to secure the happiness; but the hostile dispositions and resolutions of the common enemy having given a present force, positive, permanent, and indissoluble, to engagements wholly eventual, the King, my master, has thought that the two allies should occupy themselves only with the means of fulfilling them in the manner the most useful to the common cause, and of the most effect in obtaining peace, which is the object of the alliance. It is in conformity with this principle, that his Majesty has hastened to send you a powerful assistance. You owe it, Gentlemen, to his friendship, to the sincere interest which he takes in the welfare of the United States, and to the desire which he has of concurring effectually in securing your peace and your prosperity on honorable and firm foundations. He hopes, moreover, that the principles adopted by the governments will contribute to extend the connexions, which the mutual interest of the respective nations had already begun to form between them. The principal point of my instructions is to make the interests of France and those of the United States keep pace together. I flatter myself, that my past conduct in affairs which interest them, has already convinced you that I have no more earnest desire, than that of executing my instructions in such a manner as to deserve the confidence of Congress, the friendship of its members, and the esteem of all the citizens."

To this speech the President returned the following answer;

"Sir,

"The treaties between his Most Christian Majesty and the United States of America so fully demonstrate his wisdom and magnanimity as to command the reverence of all nations. The virtuous citizens of America in particular can never forget his beneficent attention to their violated rights, nor cease to acknowledge the hand of a gracious Providence in raising for them so powerful and illustrious a friend. It is the hope and the opinion of Congress, that the confidence his Majesty reposes in the firmness of these States will receive additional strength from every day's experience.

"This assembly are convinced, Sir, that had it rested solely with the Most Christian King, not only the independence of these States would have been universally acknowledged, but their tranquillity fully established; we lament that lust of domination, which gave birth to the present war and has prolonged and extended the miseries of mankind. We ardently wish to sheathe the sword, and spare the further effusion of blood; but we are determined, by every means in our power, to fulfil those eventual engagements, which have acquired positive and permanent force from the hostile designs and measures of the common enemy.

"Congress have reason to believe, that the assistance so wisely and generously sent will bring Great Britain to a sense of justice and moderation, promote the interests of France and America, and secure peace and tranquillity on the most firm and honorable foundation. Neither can it be doubted, that those who administer the powers of government, within the several States of this Union, will cement that connexion with the subjects of France, the beneficent effects of which have already been so sensibly felt.

"Sir, from the experience we have had of your exertions to promote the true interests of our country as well as your own, it is with the highest satisfaction Congress receive as the first Minister from his Most Christian Majesty, a gentleman, whose past conduct affords a happy presage that he will merit the confidence of this body, the friendship of its members, and the esteem of the citizens of America."

The Secretary of Congress delivered to the Minister a copy of the foregoing speech, dated "In Congress, August 6th, 1778," and signed "Henry Laurens, President." Whereupon the Minister withdrew, and was conducted home in the manner in which he was brought to the House.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, November 9th, 1778.

Sir,

The Minister Plenipotentiary of France has the honor to inform the Congress of the United States of North America, that he has obtained, on account of his Majesty, the cargo of two schooners; the one called the Gentil, George André, Captain, and the other the Adventurer, commanded by Captain Joseph Taffier, these two vessels being now in the port of Petersburg, Virginia, and their cargoes delivered, consisting of from twelve to thirteen hundred barrels of flour, and about fifty barrels of biscuit. The destination of these provisions, requiring that they should depart immediately, the undersigned Minister Plenipotentiary requests Congress to be pleased to take the measures which it shall judge necessary, in order, that the departure of these two vessels with their cargoes may meet with no obstacle. An express will wait for the orders, which it may be necessary to send into Virginia, in relation to this object.

GERARD.

Whereupon Congress ordered, that the President write to the Governor of Virginia, explain to him the nature of this transaction, and the necessity of the vessels' immediate departure, and desire him to give orders accordingly.

November 18th, 1778. Two letters from the Honorable the Minister Plenipotentiary of France were read, requesting a passage on board of one of the continental frigates, for the Chevalier de Raymondis, Captain of the Cæsar, and that a vessel on board of which are a number of invalids, may be taken under convoy of the frigate until she be safe at sea. These were referred to the Marine Committee, with directions to comply with the request therein contained.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, November 20th, 1778.

Sir,

The Minister of France thinks it his duty to have the honor of communicating to the President of Congress the reflection that, according to ordinary rules, treaties are not published until the respective ratifications have been exchanged, and that so far as he is informed, that of the King has not arrived. If Congress, however, has motives to proceed immediately to this publication, the Minister requests it not to be stopped by his reflection; the wisdom of their views deserving all preference over what can only be regarded as a mere formality.

GERARD.

Philadelphia, December 2d, 1778.

The President communicated to Congress the following unsigned note from the Minister of France.

"It is thought proper to inform persons, who have business in France, that all judicial and extra-judicial acts, powers of attorney, &c. which are destined to be sent thither, ought to be invested with the authorisation of the Minister Plenipotentiary, or the Consuls of this Crown established in the different States of America. By means of this formality, all the acts valid in America will have the same validity in France in all cases."

December 4th. The President communicated to Congress another unsigned note from the Minister of France, relative to a plan he had proposed for discharging the debt due to Roderique Hortalez & Co. namely, by furnishing the French fleet in America with provisions, for the amount of which the Court would procure the United States a credit with Hortalez & Co. The note was delivered in English, in the words following.

"Leave is begged from the Honorable the President of Congress to submit to him some reflections upon a late conversation. The insinuation made was founded upon the consideration, that the method proposed would be more simple, more easy, and more convenient, than any other, and that besides, the troubles, the expenses, the dangers of the sea, and of the enemy, the spoiling of the cargoes, &c. would be avoided.

"The manner of executing this plan, if adopted, would be very simple, and attended with no inconveniency; the Court shall take upon itself to satisfy the furnisher of the articles in question, and Congress shall receive the discharge for ready money, in their accounts with the Court."

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, December 6th, 1778.

Sir,

The Minister Plenipotentiary of France, considering that it is of great importance for the interests of France and the United States of America to prevent, or to delay as much as possible, the repairs, and consequently the activity of the enemy's ships, and that one of the most efficacious means would be, to intercept the masts which they are obliged to bring from Halifax, is firmly persuaded, that this subject has not escaped the consideration of Congress, but believing that it is for the interest of the King, his master, that his Majesty should contribute to the measures which may effect this object, his intention is to offer a reward to the owners of privateers, who shall take or destroy vessels loaded with masts proper for ships of the line or for frigates. This encouragement seemed necessary, in order to turn the efforts of privateers in this direction, considering the low price of this commodity in proportion to other cargoes, but the said Minister did not wish to execute this plan without communicating it to Congress, and before knowing its opinion on this subject.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, December 7th, 1778.

Sir,

I have had the honor to make known to you the reasons of my perplexity, with regard to transmitting to my Court some ideas respecting certain persons strongly suspected of being emissaries of the Court of London, as well as concerning the doctrine of the liberty, which it is pretended the United States have preserved of treating with this power separately from their ally, so long as Great Britain has not declared war upon the King my master. I have expressed to you how far it is from my character to pay regard to public rumors and to the reports of any individuals, in a matter as important as it is delicate, and the desire which I feel that Congress would be pleased to furnish me with the means of placing my Court, and by its means, all the present and future friends of the United States in Europe, on their guard against the impressions which these ideas might produce. They appeared to me particularly dangerous in relation to England, where they would nourish the hope of sowing domestic divisions in the bosom of the United States, and of separating them from their ally, by annulling, also, the treaties concluded with him. It seems, in fact, that as long as this double hope shall continue, England will not think seriously of acknowledging your independence on the footing expressed in the treaty of Paris. Your zeal, Sir, for your country, and for the maintenance of the harmony so happily established, is too well known for me not to hope that you will be pleased to lay before Congress this subject, which my solicitude for whatever concerns the maintenance of the reputation of the alliance has caused me to regard as very important.

I am persuaded, Sir, that you will at the same time have the goodness to inform Congress of the proof of firmness, and of attachment to the interests of the United States, to the common cause and to the alliance, which the King my master has given, in rejecting the overtures which the Court of London has made through Spain.

I have the honor to be, with sentiments of respect, &c.

GERARD.

To the memorial respecting masts, an answer was returned on the 16th. And in answer to the above letter Congress passed a resolution on the 14th of January, 1779, as follows;

"Whereas it has been represented to this House by M. Gerard, Minister Plenipotentiary of France, that it is pretended that the United States have preserved the liberty of treating with Great Britain separately from their ally, as long as Great Britain shall not have declared war against the King, his master, therefore,

"Resolved unanimously, That as neither France nor these United States may of right, so these United States will not conclude either truce or peace with the common enemy without the formal consent of their ally first obtained, and that any matters or things which may be insinuated or asserted to the contrary thereof tend to the injury and dishonor of the said States."

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, December 14th, 1778.

Sir,

The Minister Plenipotentiary of France has the honor to remind Congress, that they were pleased to order in Virginia the purchase of eighteen thousand barrels of flour to complete the quantity of provisions destined for the fleet of his Most Christian Majesty, but the undersigned being informed of the scarcity of this article has confined himself to ten or twelve thousand. Information since received from Virginia causing him to fear that the flour of the current year has a disagreeable taste, and that, consequently, the aforesaid quantity cannot be furnished of a quality suitable for bearing the climate of the islands, the undersigned presumes that a part of it may be replaced by rice taken from South Carolina, where he is informed this article abounds.

It is from these considerations that the undersigned Minister takes the liberty to request Congress to take the measures necessary in order that six thousand barrels of rice may be bought and exported from South Carolina, the said Minister being resolved to employ American citizens in these kinds of purchases, as he has promised, proposes to intrust this commission to Mr Gervais.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 4th, 1779.

Sir,

The Minister Plenipotentiary of France learns by M. Francy, that, from the offer which he made in relation to the payment by compensation of a part of the sums due from the United States to M. de Beaumarchais, consequences have been drawn, which are contrary to the intentions of the undersigned.

He finds himself obliged to prevent all mistakes by declaring in writing, as he always has done verbally, that all the supplies furnished by M. de Beaumarchais to the States, whether merchandise or cannons and military goods, were furnished in the way of commerce, and that the articles which came from the King's magazines and arsenals were sold to M. de Beaumarchais by the department of artillery, and that he has furnished his obligations for the price of these articles. He is, consequently, a debtor to the war department, whilst he is a creditor of the United States by the sale of these same articles, which had become his property. On the other side the King is a debtor to the United States.

It is this situation, namely, the difficulty which Congress finds in paying M. de Beaumarchais by return of merchandise, and the considerable saving which would result to Congress, that has determined the undersigned to offer a mutual compensation, and to pay the King's debts to the United States to the amount of the receipts of M. de Beaumarchais, which Congress will receive in ready money. This is the simple and natural operation, which the undersigned has offered, and which ought not at all to change the situation of M. de Beaumarchais with regard to Congress, since he is and continues to be a creditor in his own name, of the United States, and since the undersigned simply offers to pay to the discharge of Congress a certain sum, which the undersigned will determine in concert with M. de Francy, when Congress shall have passed a resolution on this offer.

The undersigned thinks that he owes these explanations to his respect for Congress, and he hopes that if there may remain any false ideas on this subject, Congress will be pleased to place him in a situation to supply all the information which may yet be desired.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 5th, 1779.

Sir,

The Minister Plenipotentiary of France cannot forbear to submit to the Congress of the United States, the passages underscored in the two gazettes annexed, under date of the 3d and 5th of this month. He has no doubt of the indignation of Congress at the indiscreet assertions contained in these passages, which equally bring into question the dignity and reputation of the King my master, and that of the United States. These assertions will become, in the hands of the enemies of the common cause, a weapon the more powerful and dangerous, as the author is an officer of Congress, and as he takes advantage of his situation to give credit to his opinions and to his affirmations.

The aforesaid Minister relies entirely on the wisdom of Congress to take measures suitable to the circumstance. It has not been owing to him, that the author has not himself repaired the injury which he has done, the Minister Plenipotentiary having hastened to convince him of the wrongs of which he was guilty, when the first of these gazettes appeared in public.

GERARD.

The passages referred to in the above were contained in a piece published in the Pennsylvania Packet, under the title, "Common Sense to the Public on Mr Deane's Affair," written by Thomas Paine, then Secretary to the Committee of Foreign Affairs; and are as follows;

"If Mr Deane, or any other gentleman, will procure an order from Congress to inspect an account in my office, or any of Mr Deane's friends in Congress will take the trouble of coming themselves, I will give him or them my attendance, and show them in a hand-writing, which Mr Deane is well acquainted with, that the supplies he so pompously plumes himself upon (namely, those which were sent from France in the Amphitrite, Seine, and Mercury) were promised and engaged, and that as a present, before he even arrived in France, and that the part which fell to Mr Deane was only to see it done, and how he has performed that service, the public are now acquainted with." The last paragraph in the account, is "upon Mr Deane's arrival in France, the business went into his hands, and the aids were at length embarked in the Amphitrite, Mercury, and Seine." "I have been the more explicit on this subject, not so much on Mr Deane's account, as from a principle of public justice. It shows, in the first instance, that the greatness of the American cause drew at its first beginning the attention of Europe, and that the justness of it was such as appeared to merit support; and in the second instance, that those who are now her allies prefaced that alliance by an early and generous friendship; yet, that we might not attribute too much to human or auxiliary aid, so unfortunate were those supplies, that only one ship out of the three arrived; the Mercury and the Seine fell into the enemy's hands."

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 10th, 1779.

Sir,

I cannot forbear to present to Congress the striking observations occasioned by the delay, which the answer to my representation of the beginning of the past month meets with. Already the enemies of the common cause represent it as a proof of the diversity of the opinions which prevail in Congress, as if there could exist a contrariety of sentiments upon a subject so simple, and a matter so clear, that to call it in question would be at the same time to call in question the solidity, and even the existence of the alliance. Certainly, Sir, no one is farther than myself from adopting suspicions, which would be so fatal to the common cause; but I have had the honor to explain the motives, which should induce Congress to give to this subject a ready, formal, and explicit declaration. They know that erroneous opinions become more difficult to destroy when they have had time to take root in men's minds; it is then wished to remedy the evil, but it is found irremediable. The greater part of these reflections is applicable in an equal degree to the declaration, which I had the honor to make to Congress on the 5th of this month, and I wait impatiently for answers, which may quiet my Court against the efforts made by the enemies to draw from the facts in question, inferences injurious to the allies and the alliance, efforts of which Congress alone can avoid the dangers. My zeal and my respect do not allow me to conceal from them apprehensions, which seem to me but too well founded and worthy of all their attention.

I have the honor to be, &c.

GERARD.

On the 12th of January, Congress taking into consideration the publication in the Pennsylvania Packet of the 2d and 5th instant, under the title of "Common Sense to the Public on Mr Deane's Affair," of which Mr Thomas Paine, Secretary of the Committee of Foreign Affairs, has acknowledged himself to be the author, and also the memorials of the Minister Plenipotentiary of France, of the 5th and 10th instant, respecting the said publication; "Resolved, unanimously, that in answer to the memorials of the Plenipotentiary of his Most Christian Majesty, of the 5th and 10th instant, the President be directed to assure the said Minister, that Congress do fully, in the clearest and most explicit manner, disavow the publications referred to in his said memorials, and, as they are convinced by indisputable evidence, that the supplies shipped in the Amphitrite, Seine, and Mercury, were not a present, and that his Most Christian Majesty, the great and generous ally of these United States, did not preface his alliance with any supplies whatever sent to America, so they have not authorised the writer of the said publication to make any such assertions as are contained therein, but, on the contrary, do highly disapprove of the same."

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 14th, 1779.

Sir,

I have received the letter, with which you honored me on the 13th of this month, on sending me the resolution of Congress in answer to the representations, which I had the honor to make to it on the 5th and 10th.

I request you to receive, and to offer to Congress, all the sensibility with which I have seen the frank, noble, and explicit manner in which they have destroyed false and dangerous insinuations, which might deceive the misinformed people, and give arms to the enemies of the common cause.

The King, my master, Sir, does not need these proofs, in order to place his confidence in the disposition of firmness and constancy, which is exhibited by Congress in the principles of the alliance; but his Majesty will always see with pleasure the measures that Congress shall take to maintain its reputation inviolate, and it is from this same consideration, that I flatter myself he will have found my representation of the 7th of December last, equally worthy of his attention.

I am, with respect and esteem, &c.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 15th, 1779.

Sir,

With all my eagerness for whatever can be agreeable to Congress, I have made use of their resolution relative to M. Duportail, and the officers who accompany him. They feel much honored by the praises, which their services and conduct have merited, as well as by the confidence which Congress shows in them, by desiring them to pass another campaign in the service of the United States. Their letter, a copy of which is annexed, expresses their resolution to accept this invitation, and moreover contains proofs of an unlimited confidence in the justice and goodness of Congress.

I do not doubt, Sir, that these sentiments will increase the degree of esteem and good will, which they already deserve on account of their distinguished services. This affair being thus settled, I shall lose no time in asking of the King the consent, which the officers of engineers need. My knowledge of the dispositions of the King and his Ministry, in relation to whatever may be useful to the United States, does not allow me to doubt, that my conduct, and the attachment of these officers to the American service, will be approved.

I am, with respectful esteem, &c.

GERARD.

MESSRS DUPORTAIL, LA RADIERE, AND LAUMOY TO M. GERARD.

Translation.

Philadelphia, January 15th, 1779.

Sir,

We have been penetrated with gratitude on seeing in the resolution of Congress, annexed to your Excellency's letter, proofs of esteem with which we are honored by our illustrious General, and which gives occasion to the proposition which is made to us, of continuing in the service of the United States through the next campaign. We willingly consent to it, since your Excellency thinks, that we shall thereby fulfil the intentions of the Court, and since you are so kind as to take upon yourself the trouble of asking from it the necessary permission. Relying also on the justice of Congress for the favors which we may merit from longer services, we affix no conditions to the continuance of our residence in America. But we deem it our duty to state, that being determined to remain here by our desire of serving, and of being useful to the United States, if the means of usefulness should disappear on any account whatsoever, we shall be desirous of preserving the liberty of returning into our country. Sensible of the interest which your Excellency is so kind as to take in this affair, we beg you to accept our most humble thanks.

We are, respectfully, your Excellency's most obedient humble servants,

DUPORTAIL,
LA RADIERE,
LAUMOY.

P. S. M. de Goudion has said, that he would agree to whatever we should do.

January 21st. A Memorial from M. Gerard, Minister Plenipotentiary of France, and Consul-General, was read, enclosing a commission of Consul in the port of Boston, and other ports in Massachusetts Bay, to the Sieur Valnais. The commission was referred to the Marine Committee, and they were instructed to register it and to return the original to M. Valnais, and to take measures for making him known to all whom it may concern, as Consul of France in the State of Massachusetts.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, February 3d, 1779.

Sir,

The Minister Plenipotentiary of France has the honor to represent to the Congress of the United States, that it is of infinite importance to the safety of the King's squadron, stationed in the Gulf of Mexico, to determine the supply of provisions on which it may rely. And several vessels being ready to sail for Martinique, the wisdom of Congress will show to that body the necessity of informing the commander of this squadron of it without delay.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, February 8th, 1779.

Sir,

The Minister Plenipotentiary of France, being ordered to communicate to Congress subjects of the highest importance, has the honor to inform the President of it, and requests him to inform him, whether he wishes him to execute his orders through him, or if he prefers that he should communicate them to Congress in an audience.

GERARD.

"Ordered, that the President acquaint M. Gerard, Minister Plenipotentiary of France, that Congress will admit him to a private audience, when he shall present himself, to make the communication he is instructed to make to Congress."

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, February 9th, 1779.

Sir,

By instructions addressed to the undersigned on the 29th of October last, he is ordered to transmit to Congress the answer of the King to certain communications made to his Majesty by the Commissioners of the United States.

1st. These Commissioners having desired his Majesty to continue the subsidy which he had granted them, he gave them to understand, that his affairs did not permit him to make this engagement, since the war which he is carrying on against England, and the general situation of Europe, require expenses which absorb all his resources, yet in consequence of the representations made by the deputies, of the difficulty which they found in honoring the bills of exchange which Congress had drawn upon them, for the interest due upon money which had been borrowed, his Majesty has been pleased to grant a sum of seven hundred and fifty thousand livres, as a new proof of his friendship for the United States.

2dly. The same Commissioners made known to the King, that Congress had reason to presume, that a part of the articles furnished to the United States, was a present on the part of his Majesty. The undersigned is authorised to declare, that this intention never existed, that it was an affair entirely commercial, in which the Ministry had no other part, than that of permitting M. de Beaumarchais to take from the magazines and arsenals of the King, on condition of replacing them, the articles with which commerce could not supply him, that consequently the Ministry had no other power in this affair, than that of preventing Congress from being pressed too soon for payment for the articles taken from the magazines and arsenals of the King. As to the contract made with Roderique Hortalez & Co, the Ministry has declared to the American deputies, who asked their advice, upon the ratification or rejection of this contract, that they did not know the house of Roderique Hortalez & Co. and that they could not answer for it, nor express an opinion as to its stability and fidelity in the performance of its engagements.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, February 9th, 1779.

Sir,

The undersigned, Minister Plenipotentiary of France, has received a formal order from the King, his master, to make known to Congress, that the King of Spain, in order to put an end to the tergiversations of England, has determined upon a decisive and peremptory proceeding. His Catholic Majesty has, consequently, made to the King of England a final offer of his mediation; but with the declaration that it was the last, and that if it was as fruitless as those which preceded, it would only remain to him to perform the duties, which his alliance with the King imposes upon him.

The King of Spain, by taking this proceeding upon himself in a friendly manner, has shown a disposition most favorable to the alliance. The King, my master, on his side, persists in the invariable resolution not to separate his interests from those of America, and to support the cause of the United States, as if it were his own personal cause.

His Majesty thinks, while fulfilling the duties of the alliance by this confidential communication, that he ought to invite and urge Congress to furnish immediately with the necessary powers and instructions the person or persons whom they shall think proper to authorise to assist in the deliberations, and in the conclusion and signing of the treaty. His Majesty trusts that Congress will perceive the inestimable value of time in a juncture so critical and so important; and that the injuries caused by any delay would be irreparable both to the alliance and the allies. In complying with the invitations of the King, the United States would regard equally their dignity and their interests. The place of the negotiation is fixed at Madrid.

His Majesty, while engaging in everything that can hasten the happy moment in which America can enjoy, peaceably, internal and external prosperity, which is the object of the revolution and the limit of his Majesty's wishes, has instructed the undersigned to suggest to Congress, that at a time in which they are employed in fixing their political existence, it seems to belong to their foresight to consider the sentiments of the States as to the peace in relation to Spain, and they will perhaps think, that the means of preventing all future discontents merits their attention, and ought to be one of the subjects of the positive and definite instructions, which the States will give for the conclusion of the peace.

GERARD.

February 13th. The President was directed to inform the Minister, that Congress will take the subject of his memorials of the 9th into immediate consideration, and that if he wishes to communicate anything farther to them, Congress will receive the same from him in a private audience. And it was at the same time resolved, that all private audiences given to foreign Ministers be held in a committee of the whole.

February 15th. The President acquainted the House, that pursuant to their order, he had informed the Minister of France, that Congress will take his memorials of the 9th into immediate consideration, and that if he wishes to communicate anything farther to them, Congress will receive the same in a private audience; that the Minister wished to make further communications to Congress, and would attend the House at twelve o'clock this day.

The Minister, agreeably to his appointment, was introduced, and had a free conference with Congress, in which he represented the present state of affairs in Europe, the dispositions of the Spanish Court, and the measures it was about to take in order to restore peace; from thence he took occasion to press upon Congress the necessity of having a Minister in Europe properly empowered and instructed. He further signified, that it was the desire of his Most Christian Majesty, that the United States would speedily put themselves in a condition to take that part in the negotiation for peace apparently about to take place, which their dignity and interest required; and that they should lay a solid foundation for obtaining a speedy peace agreeably to the terms of the treaty, by giving their Plenipotentiary the most ample instructions and full powers. This he enforced by sundry arguments, and pressed the utmost despatch.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, March 14th, 1779.

Sir,

The Minister Plenipotentiary of France, undersigned, does not doubt that the committee, charged on the part of Congress to persuade the undersigned to keep the rate of exchange at nine hundred per cent, in order to stop the farther depreciation which circumstances threatened, has reported the answer which the said Minister gave on this subject; but as the undersigned is still ignorant of the manner in which Congress has received this answer, he is the more desirous of being informed of it, as he must give an account to his Court of the success of the course which he has adopted, and as the agent of the royal navy has, till this time, confined himself to the rule proposed on the part of Congress, without any return to the interests of his Majesty.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, March 16th, 1779.

Sir,

The Minister Plenipotentiary of France, being about to send M. de Maulcon to New York to effect the exchange of the French prisoners, who are detained there, takes the liberty to request the Congress of the United States of America to have the goodness to allow them the same facilities as heretofore, by charging their Commissioners to receive them on their landing at Elizabethtown and New London, and from thence as far as Philadelphia or Boston, and to give them, at the expense of his Most Christian Majesty, the same treatment which American prisoners receive.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, March 17th, 1779.

Sir,

The Minister Plenipotentiary of France has the honor to remind the Congress of the United States of North America, that in executing for five months the instructions with which he has been charged by the King, his master, in relation to the present state of affairs, the undersigned has expressed his Majesty's desire, that the United States should quickly put themselves in a situation to take, in the negotiation for peace which seems on the point of taking place, the part which their dignity and their interests require, and that they should lay firm foundations for obtaining a speedy pacification conformable to the terms of the alliance, by giving to their Plenipotentiary instructions the most ample, and powers the most extensive. It is, in fact, impossible to be too economical of time, when a correspondence is carried on at so great a distance, upon a business so important and so liable to be changed by many incidents impossible to be foreseen. These observations have still greater force, when the opening of the campaign is approaching, and when the greatest celerity alone can anticipate the moment of it. Every day's delay increases the obstacles to the success of the advantageous plans, which the King has communicated to the United States. To prolong the deliberation upon peace may be to reject it. His Majesty, who thinks that he has deserved the confidence of the United States, believes, moreover, that he has a right, after the assurances which Congress have so often repeated with regard to the uniformity of sentiments on the subject of his alliance with the United States, to hope that this subject will be treated with the promptness which the juncture requires.

The indulgence with which Congress has received the reflections of the undersigned authorises him to submit these to their wisdom and prudence. He adds, that there may be reason to fear that longer delays may give rise to suspicions, and authorise the assertions which have been made in Europe, respecting a division of opinions and sentiments prevailing in Congress, and strengthen the hope which the enemy continues to entertain of fomenting this domestic discord, and at the same time of exciting distrust between the allies by pretending to treat with each of the States singly, in order to take them separately in the snare of their credulity, and to deprive them of the mutual support which they derive from their union. It is, moreover, well known, that the preliminary condition of the Court of London to the United States would be to renounce the alliance formed with France, to form an offensive coalition, and to restrain the commerce of America. The undersigned is very far from believing, that the wisdom and rectitude of Congress do not protect them from the effects of this insidious policy; but their glory and interests seem to require, that they should prevent the farther establishment of an opinion, which, more than anything else, will contribute to support the false expectation and the obstinacy of the common enemy.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, March 31st, 1779.

Sir,

I have the honor to inform you, that the season proper for my departure for France is coming on, and I take the liberty to request you to persuade Congress to hasten the time of it as much as possible. Even if my health did not require this voyage, circumstances would have induced me to undertake it, because I perceive how important it is for the common cause, that in the present situation of affairs, those men alone, who are informed of the actual state of things and opinions in America, and who enjoy an unlimited confidence, should be employed in this negotiation.

Besides, Sir, as I must presume from the wisdom of Congress, that they have made the same reflections, that they have fixed, or will fix the choice of their Minister or Ministers Plenipotentiary, in consequence of what they must also have felt, that the only way of proceeding is to choose persons, who should enjoy the fullest confidence of the allied or friendly Courts, and to furnish them with the fullest and most extensive powers. In this case it will, in my opinion, be proper that I should depart with one or more of your Ministers, and it is an additional motive for urging this whole arrangement, with which your own interest inspires me, by increasing my eagerness to go where I shall think myself happy to announce, that union and unanimity prevail in America.

Moreover, Sir, I request you to inform me in what manner Congress will judge proper that I should take my leave, with regard to the secrecy, which I endeavor to keep as to my speedy departure. I also flatter myself, that if they shall think proper to give me any commission, they will rely upon my carrying into France the same zeal for the interests of the United States and of the common cause, of which I have sought to give proofs during my residence in America.

I have the honor to be, with respect and esteem, Sir, your most obedient humble servant,

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Mount Pleasant, April 6th, 1779.

Sir,

I have the honor of sending you the abstract of news, which I have just received from Martinique. It is not very interesting, but it will at least make known the present state of things. I send at the same time a paper relative to a financial operation, which has been performed in France. I request you to send it back to me again, and to accept the sentiments of respect with which I have the honor to be, Sir, &c.

GERARD.

Abstract of several Letters, dated Martinique, February 25th.

"The King's vessels, Robuste of seventyfour guns, commanded by the Count de Grasse, commander of the squadron; Magnifique of seventyfour, by M. de Branche; Dauphin Royal of seventy, by M. de Mitton; and Vengeur of sixtyfour, by M. de Retz, having sailed from Brest the 14th of January, arrived at Fort Royal the 20th of this month. They had on board the second field regiment, eight hundred and fifty recruits, and a company of miners."

March 6th. "We learn that Admiral Byron has on his part also received a reinforcement, but we do not know the force of it. He has not yet undertaken any operation. He has only twice sailed out with some ships, but he returned the day after. It is true, that he has not troops enough to make conquests and to preserve them. Sickness continues to make great ravages among those that are at St Lucia."

March 9th. "The convoy from France, so much wished for, has just arrived, attended by many vessels.

"The islands of St Martin and St Bartholomew, which the English had taken from us, have just been retaken without much exertion by three of our frigates, and an end put to the triumph, which our enemies had reaped from this easy conquest.

"M. de Kersin, the lieutenant of the ship, took two prizes last week; one a merchant store-ship called Eliza, armed with twentyeight twelve pounders. Her crew consisted of one hundred and forty men, and her cargo of provisions and sails, to the value of twentyfive thousand livres. The store-ship was sheathed with copper. The other is a privateer of eighteen guns, and with a crew of seventysix men. Some American privateers have sent here two prizes coming from Halifax, loaded with fish and boards. The Minerva has also carried to Cape François another English frigate of twentyfour guns. The ability of the captain saved her from the danger of being taken by a ship of war and three frigates, by which she had been surprised in a calm."

Baltimore, April 2d. "The captain of a sloop, which has arrived in twentytwo days from Martinique, reports that sickness had made dreadful ravages in the English army and fleet at St Lucia, that the two squadrons are supposed to be nearly equal in force, that the French frigates, are constantly at sea, often engaging with the English, that one of the former has taken the frigate Liverpool of twentysix guns, that in other respects, the situation of the French is entirely satisfactory to them, and that they appear to be unconcerned with regard to the success of the operations, which Admiral Byron intends to undertake."

Martinique, March 14th. "We learn from France, that news has been received by Portuguese vessels returned from India, that the English commenced hostilities against the French in the month of April. A ship of war and a frigate attacked at that time the Brilliant, of seventyfour guns, commanded by M. de Tronjoly, who repelled the attack. We learn also, that they are making great exertions for the repair and arming of a force of fortyfive privateers, which the royal navy has taken from the English, and that the greater part of these vessels will in a short time be ready to sail."

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, April 24th, 1779.

Sir,

Although the undersigned is not invested with any power on the part of his Catholic Majesty, he hopes that the Congress of the United States of North America, knowing the closeness of the union subsisting between his Catholic and his Most Christian Majesty, will not be surprised if the Minister of France has the honor to submit to them the representations, which two captains of Spanish vessels have made to Don Juan de Mirales. The facts on which these representations rest are contained in the annexed memorial, being taken from the letters of the captains. In a short time, the proceedings, and the act of appeal relating to one of the Spanish ships, whose cargo has been confiscated, will be laid before Congress, as well as the papers relating to the second ship, if this suffers the same fate; in order to implore the justice of Congress. Meanwhile it has been thought proper to communicate the facts to Congress, in order that they may be pleased previously to examine this affair, on which we are persuaded that they will be pleased to bestow the greater attention, as it involves the observance of a law generally adopted by commercial nations, for the maintenance of the public security upon the sea, as well as of the right of neutrality, which affects the interests of the United States, as much and more than those of any other nation, and in order not to give just cause of discontent to a power like Spain, by violating the immunity and dignity of her flag, and by depriving her subjects of their property without cause or pretext.

GERARD.

Memorial respecting two Spanish Vessels.

Translation.

Memorial or relation of the injury sustained by two Captains of Spanish merchantmen, which had sailed, the one from the river of London, loaded with merchandise for Cadiz, on the account and at the risk of Spanish merchants; and the other from the port of Cadiz, loaded with wines, fruits, cochineal, and other articles, of the growth of the Spanish territory, belonging also to Spaniards, bound for London. These two vessels were stopped by two different privateers, carrying the flag of the United States of America, and brought the one to Newbury and the other to Beverly, and then on the demand of the owners of the privateer, the cargo of one of them was declared a lawful prize at Boston, the 28th of last March. They were on the point of passing sentence on the other at the same place, and not doubting that it will suffer the same fate as the first, according to the letters written by the said Captains from the said port of Boston to Don Juan de Mirales, one of which is without date, and the other bearing date of the 3d of this month, he has the honor to impart their contents to his Excellency M. Gerard, Minister Plenipotentiary of the Court of France to the United States of America, requesting him to have the goodness to lay the information before the honorable Congress of the said States, in order to obtain all the satisfaction due to the honor of the flag of his Catholic Majesty, his master, in conformity to the tenor of Articles 14th, 15th, 25th, and 26th, of the treaty of alliance and commerce, between his Most Christian Majesty and the said States of America, signed the 6th of February, 1778. He asks also for the punishment of the infringers of the treaty, or captors, and requests that the Judges may be punished, who have unjustly condemned and sentenced as a lawful prize the said cargo; and provided that the other vessel has met with the same fate, to sentence them to the payment of all the indemnities, expenses, damages, and losses, resulting from the injury sustained by the said vessels, and the interruption of their voyages, besides the injury which this occasions to the proprietors of the same; and this, seeing that at the time in which they were stopped, his Majesty the King of Spain was at peace with all the powers of Europe, and consequently had no enemy to fear; whereas it is possible that since that time, the state of peace between the Court of Spain and other powers may have changed, or will change, before the said Spanish vessels can perform the voyages for which they were designed; and also the decay of the vessels and of the merchandise with which they were loaded, and the great risk offered by a voyage from this continent to any European port, &c. &c. to wit;

Captain Joseph Llanos, by his letter without date, (although there can be no doubt that it comes from Boston) says, that he sailed from London with his vessel, (without mentioning its name) belonging to Don Philip Aguixxe de San Fadder, loaded with merchandise for Cadiz, amounting to nearly two hundred thousand current piastres, and that in the course of his voyage he was stopped by a privateer schooner of Newbury, called the Success, Felix Trask Captain, belonging to Nathaniel Tracy of said Newbury, and forcibly brought to this place, notwithstanding, that he assured the said Captain Tracy, that the cargo belonged entirely to Spaniards, and that he was convinced of it by the bills of laden found on board, notwithstanding which, that the said cargo has been sentenced as a lawful prize, although the papers exhibit no fraud; as will be seen by the process, which is copied in order to be presented to the honorable Congress, to which appeal is made.

The Captains claim the protection of the honorable Congress, that of his Excellency M. Gerard, and that of Don Juan de Miralles; the navigation of the Spanish being very much injured by the privateers of this continent, there being three vessels belonging to this nation in the same situation as the above, brought in by different privateers. These three vessels also propose to appeal to the honorable Congress, and are resolved to defend the rights of the Spanish.

Captain Joachin Garcia de Luca, commander of a Spanish ship with three masts, her crew Spanish, says, in his letter dated at Boston, the 3d of the present month, that he sailed from Cadiz for London, loaded with wines, oils, cochineal, and fruits, on the account and at the risk of Spaniards, and that he was stopped, on the 21st of December, 1778, when pursuing his voyage, by a privateer frigate, with the flag of the United States of America, which brought him to Beverly; that having learned that the owners of the said privateer were desirous, that the cargo of the Spanish vessel should be confiscated, he went to Boston, where the court of justice sits, before which he appeared on the 2d of the current month, not knowing at that time, but he should meet with the same fate, which his friend Don Joseph de Llanos has suffered with regard to his cargo, which was condemned on the 28th of last March.

I, Don Juan de Miralles, truly certify, that the above was extracted from the letters which the Spanish Captains, Don Joseph de Llanos and Joachin Garcia de Luca, wrote to me, and which I received on the 19th current, at eight o'clock in the evening.

DON JUAN DE MIRALLES.

Philadelphia, April 21, 1778.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 3d, 1779.

Sir,

The Minister Plenipotentiary of France has learnt, by despatches from his Court under date of the 25th of December, that the negotiation, which has been the subject of the overtures which the said Minister has had the honor to make to the Congress of the United States of North America for nearly three months, continues, and that his said Court earnestly desires, that Congress would be pleased to take prompt measures to take part in the said negotiation, as soon as circumstances shall have brought it to its proper state of advancement, which may happen at any moment.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

May 4th, 1779.

"The Minister of France delivered to the President a letter from the King of France, with the following note."

The custom in Holland, for sending to the States-General the letters by which the King notifies them of marriages or births, is to give them to the President of the week, who then goes to the house of the Ambassador, or Minister of the King, to compliment him in the name of the States-General, upon the event which forms the subject of the letters of notification.

GERARD.

FROM THE KING OF FRANCE TO CONGRESS.

Translation.

Very dear, and great Friends and Allies,

We do not delay informing you of the birth of the Princess, to whom the Queen, our very dear consort, has just happily given birth. Our confidence in your friendship does not permit us to doubt your interest in this event, nor your participation in the satisfaction which we derive from this first fruit of the divine blessing on our marriage.

The interest that we take in the prosperity of your Republic is our warrant for the pleasure, which we have in repeating to you the assurances of our esteem, and of our constant affection. Moreover, we pray God, that he may keep you, very dear and great friends and allies, under his holy and worthy protection.

LOUIS.

Written at Versailles, December 19th, 1778.

"This letter being read, the President, with a committee consisting of one member from each State, was immediately to wait upon the Minister, and in the name of the United States to congratulate him upon the birth of the Princess. A committee was also appointed to prepare the draft of an answer to his Majesty's letter."

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 6th, 1779.

Sir,

The anxiety of the undersigned, Minister Plenipotentiary of France, for the maintenance of the most perfect harmony, and the care which he has been in the habit of taking from the commencement of the alliance to establish such a confidence, as can alone maintain it and conduce to its prosperity, do not allow him to conceal from the Congress of the United States the perplexity under which he labors, with regard to informing his Court of the delays which the negotiation, commenced in the month of February last, meets with. It must be allowed, that no affair so important and so pressing ever experienced so much delay, and the undersigned declares, that he can see no reason for warning France and Spain against the sinister interpretations, with which attempts are made to inspire them in regard to this conduct. The zeal and the good will of the petitioner do not suggest to him any other expedient, than that of requesting Congress to approve of his having the honor of imparting to them, as he now does, his perplexity and embarrassment.

He adds, that the Court of France has received intelligences, that England was resolved to send a considerable reinforcement of troops to the continent of North America, and to carry on the war there with all possible vigor, in order to proceed to the conquest of America at the same time by force and by intrigue. The King, in consequence of his attention to whatever may concern the security and the happiness of his allies, has ordered his Minister Plenipotentiary to communicate this intelligence to the Congress of the United States. The undersigned has the honor to perform this commission by the present note. He believes that he should add, that his Majesty, adhering scrupulously to the spirit and principles of the alliance, which has the independence of the United States as an essential object, is always resolved to assist America by all the means, that the resources of his kingdom, and the general state of affairs, will permit him successively to devote to this grand object, without being turned from it by the idea of any conquest for himself.

It is in consequence of these same dispositions and of this same disinterestedness, that his Majesty, although he has made no engagement to furnish supplies of money to the United States, and although the active and direct war which he is carrying on against the common enemy absorbs his resources, and ought to exempt him from all accessory and entirely voluntary expenses, is desirous to contribute to the re-establishment of the American finances, so far as his own necessities allow him to do so. He has thought that he should partly fulfil this object, by securing the payment of the interest on the loans, which have been stipulated to be paid in France, presuming that the credit of one of the public funds of the States would effectually contribute to the support of the others, and to the success of the measures, which the wisdom of Congress may adopt on this subject. A society of bankers, established under the authority of the King, has consequently taken upon itself to make the necessary advances, in the form of a loan made to America. The undersigned has not yet received the exact details of this arrangement, but he will have the honor of communicating them, so soon as he shall receive them.

The confidence which the King places in the reciprocal attachment of the United States of America to the alliance, can alone induce him to determine upon proceedings, which are useful only to America, burdensome to France, and destitute of all advantage for her. His Majesty hopes to receive reciprocal proofs of these sentiments and feelings, but he neither demands nor expects anything for himself on the part of Congress. He only desires, that the States should employ all the resources at their disposal, in order to provide for their own security and tranquillity.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 9th, 1779.

Sir,

The Minister Plenipotentiary of France, having thought it his duty to take upon himself to inform the Count d'Estaing of the desire, which Congress had expressed to him, that the King's squadron should come to the assistance of Georgia, this Vice-Admiral has just replied, that the superiority of the enemy in the Islands had not till this time, permitted him to leave those latitudes; but that in consequence of the intentions of his Majesty, which are, to grant to the United States, his allies, all the assistance compatible with the security of his own possessions, and with the general position of affairs, he proposes to sail immediately to the Southern coasts of the States, and to exert himself for the deliverance of Georgia, and the preservation of the Carolinas. From thence the King's squadron will sail to the mouth of the Delaware, and its further operations will depend upon the agreement that shall be made between Congress and the commander of his Majesty's forces, and will be calculated for the greatest advantage of the United States.

The undersigned has no doubt, that this new proof of his Majesty's generous and disinterested friendship strengthens the confidence, with which these engagements and his conduct must have inspired the governments and people of America. Facts so evident will serve, on the other hand, to confound those ill-disposed men, who, by silent and clandestine insinuations, destitute of all proof, and of all probability, directed solely by private views, and evidently opposed to the honor and interest of the confederated Republic, seek to sow distrusts and jealousies, of which the common enemy alone can reap the advantage.

The undersigned must add to the details above given, that it is impossible for the Count d'Estaing to carry provisions from Martinique sufficient for the campaign, which he proposes to make in the seas of North America. He hopes that Congress will be pleased to give the most precise and effectual orders for their being got in readiness and placed on the coast, so that the squadron may easily take them on board. The undersigned Minister, hopes that Congress will be pleased to inform him successively of what shall be done on this subject, since the said Minister must be personally responsible for these measures, the failure of which would expose to the greatest misfortunes the forces, which the King has destined to bring direct and immediate assistance to the United States, although his engagements, which he will always scrupulously fulfil, do not impose this duty on him.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 9th, 1779.

Sir,

When the Congress of the United States did me the honor to ask my concurrence in inducing the Count d'Estaing to assist Georgia, I asserted, that this Vice-Admiral, in conformity with the intentions of the King, would do all that circumstances should permit. I proposed at the same time the means of proceeding to the execution of this plan; but Congress observed an entire silence, and did not deign to inform me of their resolution. It was only through a public channel, that I learned that the plan was abandoned; but my zeal having led me to write previously to the Count d'Estaing, and having received the answer of this Vice-Admiral, I do not think, Sir, that the interest of the alliance and of the United States allows me to act according to the presumed negative resolution of Congress, and I request you consequently to submit to that body the annexed Memorial.[25]

I have the honor to be, with the highest esteem, Sir, your humble and most obedient servant.

GERARD.

FOOTNOTE:

[25] This Memorial is missing.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 19th, 1789.

Sir,

I take the liberty of addressing to you a note of Don Juan de Miralles, concerning the Spanish ships carried into New England, and beg you to lay it before Congress, and to represent to them, that there is reason to fear, if the appeal which the council of Boston has reserved to itself should be decided before any measures be taken by Congress, the ships and merchandise will be sold, to the irreparable loss of the Spaniards.

I have the honor to be, with sentiments of the greatest respect, Sir, your most obedient humble servant.

GERARD.

MEMORIAL.

Translation.

Don Juan de Miralles, who, under date of the 21st of April last, had the honor to present a Memorial to his Excellency M. Gerard, Minister Plenipotentiary of the Court of France to the United States of America, to inform him of the proceedings of different privateers, with the flag of the said United States, against three vessels lawfully provided with the Spanish flag, which had sailed, one of them from London for Cadiz, and the two others from Cadiz for England, loaded with merchandise belonging, as well as the said vessels, to subjects of his Catholic Majesty, his master, which have been carried into different ports of New England, under the jurisdiction of the Province of Massachusetts, and that the respective indictments have been drawn against them before the Court of Admiralty of the city of Boston, where the cargo of one of the said vessels which sailed from London has been condemned, to the profit of the owners and crew of the privateer which captured her; another of the said vessels, which sailed from Cadiz, has also been condemned, and there is no doubt that the third has suffered or will suffer the same fate.

Don Joseph de Llanos, Captain of the vessel which sailed from London, and Don Joachin Garcia de Luca, of the other which sailed from Cadiz, which, as has been said, have been condemned, have sent me an express, with copies of the said proceedings, which I have had the honor, in concurrence with the said M. Gerard, and in his presence, to deliver to his Excellency the President of the Honorable Congress, who was so kind as to receive them, and to offer to lay them before the Honorable Congress, in order that it may take into consideration an affair of so great consequence, and be pleased to order what is just, as well as it regards the interest of the proprietors of the vessels and cargoes, as the honor due to every neutral flag, and particularly to that of his Catholic Majesty.

Having learnt, that considering that the said court of Boston has not agreed to grant to the said condemned Captains the appeal, which they have made from their sentences to the said Honorable Congress, and which has only been referred to the Supreme Court of the said Province of Massachusetts, they are to judge the said indictment definitively, in the last resort, and that there is no doubt that the first sentences pronounced by the Court of Admiralty of Boston will be confirmed; the said Don Juan de Miralles earnestly requests his Excellency, the said M. Gerard, that he would be pleased to interpose his influence and his mediation with the said Honorable Congress, in order that it may have the goodness to pass a resolution ordering the said Supreme Court of Massachusetts, and every other tribunal, to suspend every proceeding and determination with regard to the aforesaid three Spanish vessels and their cargoes, until the said Honorable Congress shall have decided definitively on this affair, and that this may be done soon, so that the order, which it may be pleased to give, may arrive at Boston before the said 5th of June next, which is the time at which the said causes are to be judged definitively and in the last resort.

JUAN DE MIRALLES.

Philadelphia, May 18, 1779.

The foregoing letter from the Minister of France, together with that of Don Juan de Miralles, was referred to Mr Burke, Mr Duane, and Mr Lovell, who on the 22d delivered in a report, and thereupon Congress passed the following resolution.

Resolved, That the resolutions of Congress passed the 6th day of March last, relative to the control of Congress, by appeal in the last resort, over all jurisdictions for deciding the legality of captures on the high seas, be immediately transmitted to the several States, and that they be respectively requested to take effectual measures for conforming therewith.

Resolved, That the following letter be written to the Minister Plenipotentiary of France, and signed by the President.

"Sir,

"Congress having taken into consideration your letter of the 19th of this month, I am directed to assure you, that as soon as the matter shall in due course come before them, they will attend very particularly to the cases of the vessels, stated in the note from Don Juan de Miralles, to have been sailing under the flag of his Catholic Majesty, and captured by armed vessels under the flag of the United States, and that they will cause the law of nations to be most strictly observed; that if it shall be found after due trial, that the owners of the captured vessels have suffered damage from the misapprehension or violation of the rights of war and neutrality, Congress will cause reparation to be made, in such a manner as to do ample justice, and vindicate the honor of the Spanish flag. That Congress have every possible disposition to cultivate the most perfect harmony with his Catholic Majesty, and to encourage the most liberal and friendly intercourse between his subjects and the citizens of these United States.

"But they cannot consistently with the powers intrusted to them, and the rights of the States and of individuals, in any case suspend or interrupt the ordinary course of justice."

TO THE PRESIDENT OF CONGRESS,

Translation.

Philadelphia, May 22d, 1779.

Sir,

The Minister Plenipotentiary of France, not having been hitherto informed by Congress of the result of their deliberations upon the important overtures, which have formed for more than three months the constant subject of his representations, has reason to presume, that the resolutions relative to them have not yet been passed. Delays, so long and so unnatural, in a matter so clear, and in a juncture which requires so much celerity, and which so essentially concerns the United States, have rendered the undersigned apprehensive lest some doubt had arisen, either as to the main point of the matter, or as to the manner of proceeding, or as to the dispositions and views of the King; and as the said Minister is instructed to conceal from Congress nothing that can be useful to the interests of the United States, he asks permission to submit to them the summary of the most essential things, which seemed to him to deserve attention in the further course of its deliberations.

It is well known, that the direct and essential object of the alliance, which subsists between his Most Christian Majesty and the United States, is to maintain effectually the liberty, the sovereignty, and the independence, absolute and unlimited, of the said States, as well with respect to government as to commerce, and consequently, the territorial rights belonging to sovereignty. To this object all the efforts and proceedings of the King are constantly tending. It is in order to attain it, and to procure for the people of America the power of this valuable independence, and the cessation of the evils and dangers under which an active and obstinate war makes them groan, that his Majesty has undertaken a difficult and expensive war against England, without any view of personal interest, and even with the refusal of the advantages which the United States appeared ready to grant him. He has already given brilliant proofs, that his friendship does not confine itself to the mere fulfilment of his engagements. He is in fact disposed to give to the United States all the assistance compatible with the situation of his own affairs, and with the general state of things, and he regards the interests of the United States as his own, in everything that relates to the object of the alliance, and that is conformable to the invariable principles on which his reciprocal connexions with the United States are founded. It is in consequence of his attention to execute literally the treaty of alliance, that he has not lost a moment in informing Congress of the overtures relative to the projected pacification, in entreating them to take without delay that part in this negotiation, which the dignity and interests of the United States require. He has moreover repeated to Congress the promise, that he would not treat with the common enemy, without making it a primary and essential condition, that the independence of the United States should be acknowledged, conformably to the stipulations of the treaty of alliance. His Majesty has at the same time ordered his Minister Plenipotentiary to lay before Congress some considerations relative to the state of affairs, and particularly to observe to them, that the alliance, unless victorious, cannot dictate terms to the common enemy. The undersigned has executed these orders either verbally or in writing.

It is evident then, that his Majesty desires only the tranquillity and prosperity of America, upon the foundation of an honorable and firm peace, conformable to the stipulations of the treaty of alliance. He rejects every idea of conquest and acquisition of territory for himself. In order promptly to attain this advantageous object, and to fulfil his engagements, he is disposed to carry on the war with vigor, if the common enemy refuses the pacific system, which his Majesty has announced to the whole world, and which the United States adopted on signing the alliance. But in case that the perseverance of the Court of London in the desire to subdue, or to conquer America, should prolong the calamities of the war, his Majesty will consider himself at liberty to concert with the United States all the further measures adapted to this new order of things, and conformably to the mutual interests of the allies and of the common cause. It is thus that the King fulfils, and proposes to fulfil, the duties resulting from Articles 1st and 8th of the treaty of alliance, by urging on one side the United States to participate in the negotiation, which can conduct to the conclusion of a truce and of a peace, by making common cause with the said States, and on the other side, by enabling the two allies mutually to assist each other by their good offices, their councils, and their forces, as circumstances may require; in fine, by showing his perseverance, conformably to Article 8th, in the resolution not to lay down arms till independence shall have been formally or tacitly acknowledged. But as this last stipulation limits his Majesty's engagements on this subject to the very time of this acknowledgment, if England immediately agrees to this essential condition, his Most Christian Majesty will have fulfilled all his positive and direct engagements in relation to the conclusion of peace.

It follows from these observations,

1st. That the King has engaged to procure for the United States, by means of arms, the acknowledgment of their independence, and that his Majesty is faithful to fulfil this obligation, and even disposed to lend them assistance, to which he is not obliged by the treaty.

2dly. That he has made no other engagements than those expressed in the stipulations of the treaty.

3dly. That the United States have neither title nor right to require anything more, and that if they wish to persuade him to further engagements, it can only be voluntary on his part, and by uniting reciprocal counsels, conformably to the expression of Article 1st of the treaty, and as is proper for good and faithful allies. Even in this case, it is impossible to foresee the state of things and minds in Europe, or to judge what measures the important care of maintaining his reputation, and the system of equity and moderation, which he has made the fundamental principle of his reign, may require on his Majesty's part. These considerations seem particularly due to an ally, when he has contracted gratuitous obligations without any reciprocal advantages.

4thly. By uniting the expressions of Articles 11th and 12th, it will be seen, that the success of the war being alone able to fix the fate of empires, it has been found impossible on concluding the treaty of alliance to determine the possessions that the United States may obtain on making peace; that consequently, the engagement of France can only be conditional and eventual on this subject; that she is not now held to any particular engagement, in relation to these possessions, whether real or pretended; and that this obligation will not commence till the time in which the possessions of the United States shall be fixed by the cessation of the war.

5thly. In fine, it is indispensable to add to these considerations, that when any doubt arises as to the expressions, the extent and the application of the stipulations of a treaty, the laws of reason, and of universal justice, as well as the rules of a good and faithful alliance, decide, that an ally has no right to interpret it arbitrarily and partially; that the attempt would at the same time offend the dignity, and destroy the confidence of his ally; that neither of them can in fact arrogate to himself the superiority in connexions, which ought to be equal and reciprocal; that it is only by a friendly explanation, by a formal agreement, that these doubts can be removed, and the exact meaning of treaties determined; that in short, this method would become still more indispensable, if it should happen, that the pretensions of one of the parties were founded only upon farfetched inductions, subject to discussion and contradiction, and would tend to alter the essential and fundamental system of an alliance.

The Minister Plenipotentiary of France is fully confident, that the Congress of the United States, knowing the laws of proceedings, and the respect which Sovereigns mutually owe to each other, will observe them in their conduct towards his Most Christian Majesty; but the important, critical, and pressing juncture, in which the affairs of the alliance stand at the present moment, imposes on the undersigned Minister the sacred duty of contributing, as much as lies in his power, to hasten the resolutions of Congress, to prevent all mistakes and every subject of misunderstanding, to preserve the most perfect harmony and uniformity of views and sentiments, concerning the accomplishment of the advantageous stipulations of the alliance, and thus to deceive the expectation of the common enemy, who henceforth founds his principal hopes on the divisions, which he is intent upon fomenting. In fine, one of the objects of this Memorial is, to prove, solemnly, the faithful and friendly conduct of the King in this juncture, his Majesty hoping, that the knowledge of this conduct will confirm the governments and people of America in the sentiments of confidence, which the proceedings of his said Majesty have already inspired. It is only by thus placing before the eyes of Congress the indubitable principles expressed above, that the Minister Plenipotentiary of France thought that he could fulfil his duties to the King, his master, and to the alliance, and protect from all reproach his zeal for the common cause between France and America.

If he has deceived himself in his conjectures, as to the immediate and apparent utility of his mode of proceeding, he begs Congress to accept his excuses for having consumed time of so much value, and he flatters himself, that knowing his attachment to the alliance, and to the United States, it will attribute his conduct to these sentiments alone.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 24th, 1779.

Sir,

I avail myself of the first respite, which my sickness allows me, to congratulate you as well as Congress upon the resolution, which I am assured they have taken, in relation to their finances. The execution of the system, which appeared connected with this first operation of a tax, will show to your friends and your enemies the extent of your resources, your firmness, and your ability to make a suitable and efficacious use of them. The eagerness with which the people seemed to expect an arrangement of this kind, gives beforehand the proof of their favorable dispositions and of their good will. This state of things, Sir, cannot but strengthen the very friendly intentions of the King, my master, by the confidence with which your own efforts, and the displaying of the resources of America, will inspire him in your dispositions. It will only remain for you to show vigor in your military operations, in order to destroy the hope entertained by the common enemy, of conquering America; then everything will inspire us with the hope of soon seeing the happy day dawn, in which America will enjoy independence, together with the advantages and delights of peace. Congress has received all the possible assurances of the King's, my master's, desire to hasten that moment, and he is convinced, that Congress will place no obstacle in the way.

I have the honor to be, with respectful esteem, Sir, your humble and most obedient servant.

GERARD.

May 24th. Information being given to Congress of some outrages and wanton barbarities, committed on subjects of France by the enemy, on their landing in Virginia, the following resolutions were passed.

Whereas it has been represented to Congress, that the enemy at the time of, and since their landing in Virginia, have perpetrated the most unnecessary, wanton, and outrageous barbarities, on divers of the citizens of that State, as well as on several of the subjects of his Most Christian Majesty residing therein, deliberately putting many of them to death in cool blood, after they had surrendered, abusing women, and desolating the country with fire,

Resolved, That the Governor of Virginia, be requested to cause diligent inquiry to be made into the truth of the above representations, and to transmit to Congress the evidence he may collect on the subject.

Resolved, That Congress will retaliate for cruelties and violations of the laws of nations committed in these States, against the subjects of his Most Christian Majesty, in like manner and measure as if committed against citizens of the said States, and that the protection of Congress shall be on all occasions equally extended to both.

TO THE PRESIDENT OF CONGRESS.

Translation

Philadelphia, May 25th, 1779.

Sir,

I have received with the most lively satisfaction the letter with which you honored me on the 24th of this month, as well as the resolutions of Congress of the same date, which accompanied it, and which relate to the atrocious actions committed by the enemy's troops in Virginia, which violate equally the laws of war established between civilized nations, and the first principles of humanity, and attack the foundations of all human society.

The whole world cannot but be convinced of the justice of the necessary measures to which the conduct of the common enemy compels Congress to have recourse, in order if possible to put an end to such horrible excesses.

I must confine myself here, Sir, to requesting you to place before Congress this assurance of the sensibility with which the King, my master, and the whole French nation will receive the strong proof of friendship, union, and identity of feelings and interests, which the United States give in declaring, that they will make no distinction, in this respect, between their own subjects and those of their ally. This will give the common enemy a new evidence of the inviolability of the alliance which unites the two nations, and will afford the French, who have already given so many proofs of their individual attachment to the sentiments of the alliance, and of their zeal for the United States, a new motive of encouragement. By thus increasing more and more the connexions and the mutual confidence, the means of braving the effects of the ambition and the revenge of the common enemy will be increased.

I have the honor to be, with respect and esteem, Sir, your most humble and obedient servant.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 27th, 1779.

Sir,

The Minister Plenipotentiary of France, in consequence of the sentiment and the views, which have prompted his previous representations, has the honor to observe to the representatives of the United States of America in Congress assembled, that independently of the principal and direct interest of the confederated republic in the overtures of pacification, which the undersigned has been ordered to make to Congress, the general good of the alliance urges with all possible earnestness the hastening of the resolution of the said States. It is in fact only by enabling the Court of Spain to bring its mediation to its critical and decisive point, that it can be hoped that this power, convinced of the injustice of the views and of the ambition of England, will join the alliance, acknowledge the independence of the United States, and take an active part in the war. On the contrary, by delaying without communicating to the parties interested the motives which induce them to it, the States will be in danger of fatiguing this power, which keeps on foot the forces of the whole monarchy, principally with a view to give respectability to a mediation which appears to be neglected; they incur the risk of cooling the good will of his Catholic Majesty, and perhaps of alienating him as much by delays, as if resolutions, contrary to the system which he has appeared disposed to favor by his mediation, should give him lawful reasons for changing his conduct.

The alliance will thus be deprived of a decisive support, which the goodness of its cause, the wisdom of its conduct, and the close union subsisting between France and Spain seemed to promise it. Moreover, the suspension of the said resolutions operates equally in another point of view, in a manner the most disadvantageous for the alliance in general, and for France in particular. On the one side, in fact, the expectation of the resolutions of Congress necessarily infuses into plans and measures an uncertainty injurious to the common good, and if the Count d'Estaing does not carry into execution the plan of coming upon the American coast, it can only be attributed to this cause. On the other hand, the season is already so far advanced, that this same uncertainty, by destroying the hope of seeing Spain declare herself during the course of the present campaign, leaves France alone exposed to the efforts of the principal body of the enemy's forces.

The wisdom of Congress, and the faithful attachment which they show on every occasion, in a manner as conspicuous as it is satisfactory to the alliance, and the respect which they have always expressed for Spain, do not permit a doubt as to the attention which they will be pleased to give to considerations of such importance. The present Memorial is the last tribute that the zeal of the Minister Plenipotentiary of France will allow him to consecrate to the duty of facilitating and accelerating, as much as lies in his power, the deliberations of Congress, by suggesting considerations which might have such an influence.

GERARD.

June 22d. A Memorial from the Minister Plenipotentiary of France was read, accompanied with a commission given by him to the Sieur de St Hilaire, appointing him Vice-Consul for the port of Alexandria in Virginia. Ordered, that the same be referred to the Marine Committee to take order thereon.

Another Memorial from the Minister was received and read, accompanied with two Memorials relative to violences, of which divers subjects of his Majesty complain. These were also referred to the Marine Committee.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, June 21st, 1779.

Sir,

The Minister Plenipotentiary of France has the honor to represent to the Congress of the United States of America, that the daily experience of several ports of the continent proves how prejudicial the want of the proper regulations for maintaining the immunity of the flag, which is the foundation of a free commerce, is to navigators, to French merchants, and even to the interests and to the honor of the French nation. The treaty of commerce has foreseen this state of things, and has expressed the wish of the two parties to remedy it. The undersigned would have proposed to Congress, some time ago, to enter upon this negotiation, had he not perceived that their time was occupied by subjects of greater importance; but as the evil increases daily, it becomes indispensable and urgent to provide a remedy for it, at least with regard to the most pressing subjects, and by provisional regulations, which will have no force till the contract, stipulated by the treaty of commerce, is made.

The Minister Plenipotentiary consequently thinks it his duty to lay before Congress the annexed plan, and to propose a method, which seemed to him calculated to effect this object.

Several States, perceiving the inconveniences of the present uncertainty, seemed disposed to provide a remedy for it by domestic laws; but the undersigned has not been willing to urge them, without being previously informed of the sentiments of Congress on this subject. He consequently requests that body to be pleased to inform him of them, and if they think proper that the daily complaints should be redressed by provisional regulations, while waiting till the subject shall be acted upon by a convention, to recommend this matter itself to the Legislatures of the several States. The regulations which they may make will show by experience, whether they are calculated to effect this object. They will throw light upon the rules observed among all commercial nations, and will give to the United States in general an opportunity of becoming acquainted with the manner in which the commerce between the two nations can be regulated, according to the principles of justice and equality, which should form the foundation of all the connexions that shall subsist between them, and according to the principles and forms which vary in different States.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 5th, 1779.

Sir,

The Minister Plenipotentiary of France, has already had the honor to recommend to Congress the request made by the King's navy agent in relation to the expedition of the ship Defence, loaded with provisions for Cape François. He renews his entreaties by the present Memorial. The quantity of provisions on board this vessel is so inconsiderable, particularly considering the abundance of old grain which we see now, that the undersigned hopes that Congress will think that the exportation of them may be allowed, without injury to the service of the army or of the public. The undersigned, however, offers to have these same provisions received, so as to be deducted from the quantity promised for his Majesty's squadron, and particularly the flour, on account of the thousand barrels, to which the eighteen thousand, promised for the same service, have been reduced. The want of provisions is so great at Cape François, particularly in the vessels of Count d'Estaing's squadron, which are stationed there to protect the reciprocal commerce, that the said Minister is ready to subscribe to whatever conditions Congress shall think proper to impose with regard to this expedition. But he requests with the greatest earnestness, that they would be pleased not to defer giving a positive answer, in order not to increase, if its decision is in the negative, the costs and expenses which the King will be obliged to pay to the proprietors and fitters out of the said vessel.

With regard to its destination, the undersigned had thought that he could flatter himself, that his character and conduct would prevent the doubts which a member of Congress has communicated in writing to the King's navy agent. Nevertheless, as so weighty a suspicion, declared in so serious a manner, and impeaching the probity and fidelity of the officers of the King, acting immediately under the direction of the said Minister, cannot have been suggested to Congress without important reasons, the undersigned entreats and requests them to be pleased to cause an account to be rendered of the reasons of his suspicions, and of the facts upon which they may have been grounded. The undersigned requests further, that the result of this verification may be communicated to him, in order that he may be in a situation to take the further part, that the dignity of the King, his respect for Congress, his regard for the public interest of America, and the delicacy which ought to characterise the conduct of every public man, may require.

The undersigned makes the same request, and for the same reasons, with regard to the accusation made to Congress, that the vessels, which have been fitted out in the name of the King, have been loaded with quantities of flour on individual account. He declares that his first rule has always been to cause the whole of the vessels to be freighted on his Majesty's account; but if any frauds have been committed in this matter, it is of equal importance to the public good, and to the dignity of the King, that its authors should be known, in order to prevent further frauds. The delegates to Congress, by a verbal declaration made to the King's navy agent, have confined this imputation to one vessel alone, but it is not less important that the fact should be verified.

Besides, although the Minister Plenipotentiary of France insists on this point, in order to make these odious imputations fall on those who may deserve them, he could have contented himself with declaring, that not having the right of police and inspection over the proprietors, owners, and Captains of the American vessels, which have been employed in these transportations, and who ought to be better acquainted than strangers with the laws of the country, it is only the officers of the State, appointed to receive the declarations of the ships which sail from the ports, who can, in examining the cargoes, determine the frauds which may have been committed; and that without directly and positively blaming the officers of the King, they cannot be made responsible for frauds, which it is not in their power to prevent. Very far from desiring any connivance on the part of the officers or of the governments of the different States of America, the undersigned earnestly desires, that they would be pleased to execute with vigor the powers which belong to them, and the laws which may have reference to these subjects.

The undersigned hopes that Congress will be pleased not to defer its resolution, whatever it may be, respecting the ship Defence, till the verification of these facts. The two affairs have nothing in common, and the Minister Plenipotentiary, in repeating his offers expressed above, flatters himself that Congress, if they think proper to permit this expedition, will find that these arrangements can be made even after the departure of this vessel.

GERARD.

This Memorial being read, it was immediately

Resolved, that it be recommended to his Excellency the Governor of Maryland to permit the ship Defence, which is loaded with provisions for the fleet of his Most Christian Majesty, to depart and carry her cargo to the place of her destination, and that care be taken that she carry no other provisions than the above, and what may be necessary for the crew.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 5th, 1779.

Sir,

The Minister Plenipotentiary of France has the honor to represent to Congress, that faithful to the promises which that body has asked for, on his part, in relation to the purchase of provisions destined for the squadron, which the King sent last year to the assistance of the United States, he has never authorised any purchase except through the very overseers appointed by Congress, or without giving notice of the operation to the members of the committees intrusted with this business. He has declared to them several times, that the provisions bought on the account, and with the money of the King, would always remain at the disposal of Congress, either for the public service, or for that of the American army. The undersigned hopes, that their members will be witnesses of it to Congress. Delicacy has been carried so far, that it has been preferred to expose the King's squadron to the want of provisions, which it has procured only in consequence of some happy accidents, rather than to break through an arrangement which Congress had judged necessary. The same principle has guided the conduct which has been pursued in the last place, when the undersigned, by his knowledge of the chief motives of Congress, having been obliged to demand the assurance of a certain quantity of provisions, the difficulty of circumstances induced him to combine purchases by way of commerce with the direct measures which Congress has judged proper to take. As Congress must have been informed of all that has taken place on this subject, the undersigned will not introduce it again here, and he will abstain from all reflection.

He confines himself to representing to Congress, that the produce of these private purchases is reduced to a very small quantity, by the obstacles which the continental officers have thrown in their way, and by the seizure, by authority, of the articles bought, as well as by other similar events; and the agents employed on the King's account, being thus deprived of the security and of the power which every American citizen, and every foreign merchant enjoys, and the property of the King being so uncertain and exposed, the undersigned begs Congress to be pleased to cause all the provisions bought on the account and with the money of his Majesty, to be placed in the hands of the officers whom they shall judge proper to appoint for this purpose, in order that Congress may dispose of them in such manner as their own prudence and the public interest shall dictate; the undersigned declaring, that from the moment in which he was informed of these proceedings and of these obstacles, he has given order to put an end to every kind of purchase and supply of provisions. He annexes here the note of the provisions now in the hands of the King's agents; and if the commissions given heretofore have produced a greater quantity of them, he will have the honor to give notice of it to Congress, according as he shall be informed of it himself.

But he must at the same time call the attention of Congress to the proposition, which he had the honor to make to them by the Memorial which contains the request for this new supply, that is to say, that they would be pleased to declare, whether the Minister Plenipotentiary of France may reckon upon the quantity of provisions, which are necessary for the important object which he has had the honor to communicate to Congress. In order to facilitate the success of his measures on this subject, the undersigned confines himself at the present time to requesting, that the quantity of five thousand barrels of flour may be immediately held in readiness. The remainder can be furnished in the course of September next, from grain the product of this year's harvest.

The reasons alleged in the said Memorial compel the undersigned to repeat to Congress the formal demand of a prompt and explicit answer, with which he has not hitherto been honored. Congress has too much wisdom for any one to allow himself to set forth to it all the inconveniences which might result to America, and to the alliance from the least delay. The reports hitherto communicated are so uncertain, that it is impossible to make them the foundation of a confidence, which the experience of the past does not encourage, unless Congress authorises them by its sanction. A formal and explicit assurance on the part of Congress can alone effect an object so important, upon which the Minister Plenipotentiary of France has insisted since the month of May, and which the advancement of the season renders still more critical and pressing.

GERARD.

REPORT OF A COMMITTEE RESPECTING A CONFERENCE WITH THE MINISTER OF FRANCE.

In Congress, July 10th, 1779.

The President informed Congress, that the Minister of France had communicated to him certain intelligence, about which it would, in his opinion, be expedient for Congress to confer with the Minister.

Resolved, That the honorable M. Gerard be informed by the President, that Congress are desirous of conferring with him in a committee of the whole, on the subject of the intelligence communicated by him to the President, and that if agreeable to him, a private audience be had on Monday next, at 12 o'clock.

Monday, July 12th. The President informed the house, that he had communicated to the Minister of France the resolution of Saturday, and that the Minister had agreed to meet Congress, in a committee of the whole, at 12 o'clock. Whereupon Congress was resolved into a committee of the whole, and had a conference with the Minister, and on the 14th of July, Mr Laurens, chairman of the committee, reported,

That in obedience to the order of Congress, the committee of the whole have conferred with the Minister Plenipotentiary of France, who introduced the conference by saying, that he had received some despatches from his Court, which he was ordered to communicate to Congress, but that he expected no answer. That though it was not the usual practice to offer communications of this nature in writing, yet as it had been intimated to him by the President, that this mode would be most agreeable to Congress, he had committed the heads of them to paper, not as a Memorial, but merely for the assistance of the memory, in a form to which the term of "ad statum legendi" is appropriated by the usage of the Courts of Europe; that in reading the said paper he would take the liberty of making some explanations and reflections.

That he then proceeded to read the paper herewith delivered, marked No. 1, divided into seven Articles, and at the close of each separate Article he added explanations and reflections, the substance of which the committee have endeavored to recollect, and have committed to writing in the paper marked No 2.

NO. I.

Ad statum legendi.

1st. The King has approved all the overtures, which were made by his Minister Plenipotentiary to the Honorable Congress, respecting the affairs of M. de Beaumarchais. Therefore a line ought to be drawn between the stores, which this gentleman has been permitted to take out of the royal magazine, for which he has made himself debtor to the department of war, and between those articles which the same gentleman has bought in the common way of trade for the use of the United States.

2dly. A hint having been given to the Minister Plenipotentiary, that Congress desire to recruit their ships in France, from the English prisoners there, the Court in consequence of his representations is willing to facilitate this mode of recruiting seamen.

3dly. The King and Ministry were extremely pleased with the resolution, which Congress has taken, to maintain only one Minister Plenipotentiary at this Court, as well as with the exclusive appointment of so steady and honest a man, and so firm and solid a patriot, as Dr Franklin.

4thly. The Congress has given very great satisfaction to the Court of France, by the timely and spirited step, which was taken to disavow a certain ill-grounded and pernicious doctrine, relating to the mutual obligations of the allies, to conclude no truce or peace without the knowledge or consent of each other. The Court of France is of opinion, that this doctrine could only be maintained by those men, whose aim it was by any means to weaken the ties of the alliance, and to create disgust and diffidence between the allies.

5thly. The Court has received with some surprise the intelligence, that Congress has published the treaties concluded with it, without the previous knowledge and consent of the party interested. It is not to be denied, that such a proceeding is but little consistent with reason, and with the general practice of Courts and nations. Nevertheless, this observation involves not any kind of reproach, but the King thinks, that so noble and generous a system of politics could but produce desirable effects by its publication.

6thly. The intelligence, that in the first month of last winter there were no adequate preparations made in America towards a vigorous and successful campaign, was received at Versailles with all the concern, which the danger of the United States and the prolongation of the present contest can create in the most friendly mind. The Court of France is fully in the opinion, that the exertions of the United States are necessary to bring the common enemy to a proper sense of all the disappointments which he shall meet with.

7thly. The Court, being desirous to acquaint Congress exactly with the state of affairs relating to the common cause, would not delay to inform this honorable body, that the Court of London, showing on one side dispositions to a reconciliation with France, rejects on the other side the very idea of a formal and explicit acknowledgment of the independence of the United States, which his Most Christian Majesty perseveres to hold up as a preliminary and essential condition. The behavior of the common enemy in this respect rendered a great deal more probable the conjecture, which was communicated to Congress some time ago, that the point of honor and pride of the King of England will be the greatest obstacle to the conclusion of peace upon those explicit terms; and perhaps the manner of overcoming this difficulty will of course become the most decisive object of the deliberations of Congress, when this honorable body shall determine to make peace, whatever middle way may be hit upon, that England shall treat with the United States as with a free people, and evacuate immediately all the territories belonging to them.

NO. II.

The Substance of what the Minister said at the Conference in explanation of the several Articles in the foregoing Paper, entitled "ad statum legendi," as reported by the Committee.

Article 1. From the bills and accounts with which Congress have been furnished by M. de Beaumarchais, Congress will be enabled to distinguish those articles which were drawn from the royal magazines, and those which he supplied in the way of trade. For these last, Congress will without doubt make remittances to M. de Beaumarchais in their own way, to enable him to perform the contracts he has entered into as a merchant. That for the former articles, the King, his master, taking upon himself to be creditor to the United States, would wait until Congress shall find it convenient to make compensation.

Article 2. Though his Court had not resolved to retaliate upon the prisoners taken by the common enemy, yet for the reasons assigned, the King, his master, had assented to the proposal. But in carrying this matter into execution it would be proper to take such precautions, and to give such orders to the Captains, or other persons employed in this business, that it may be managed with prudence.

Article 3. There is every reason to believe, that Congress will very soon receive proofs of the confidence, which his Court was always willing to show to the servants of these States. The personal character of Dr Franklin will enable the Court to act with a frankness becoming the alliance, and they will have no occasion to withhold any more the secrets which may interest the United States and the alliance.

Article 4. The King, his master, after this explicit step, relies with the highest confidence upon the candor and faithfulness of Congress, in understanding as well as in executing the treaty, and in rejecting every arbitrary and unnatural interposition or construction, which false, subtle, or designing men can contrive. Congress by their own feelings must be sensible, that such interpretations and constructions are always hurtful, against common decency and dignity, and may oftentimes endanger mutual confidence, and of course the very existence of a treaty. But the sense Congress has manifested in this particular affair gives his Court the greatest hopes, that there will be no further motive for the painful reflections, which that affair gave rise to.

Article 5. He begged leave to add, that this publication interfered with the situation of affairs in Europe, and was in a certain degree disadvantageous to the common cause, because it gave the common enemy a full knowledge of our system, and our mutual engagements, without procuring us any reason to guess at their views and resolutions. Happily these inconveniences have not been felt, and ample compensation has been obtained by convincing the people of America, not only that the treaty was just and equal, but that the heavy task which France had taken upon her was magnanimous, gratuitous and without reward. The whole world was at the same time convinced, that war, conquest, and ambition, were not the objects of the alliance, nor of any of the allies, but only the peaceable enjoyment of the sovereignty, liberty, security, and independence of these United States. And this conviction gave much honor, credit, and consideration to the alliance.

Article 6. On this he observed, that he had endeavored since last fall, by order of his Court, to impress upon every mind, that England will never evacuate New York willingly, and could only be brought by proper exertions on the part of America to think seriously of granting independence. He believed that Congress had adopted a system so conformable to their engagements and to the situation of affairs, his Court was better informed than he was. But without reflecting on past events, the King hopes, that his amicable apprehensions will be overcome by the success of the campaign; that henceforth the United States will follow the example set them by his Majesty, and that they will exert themselves in their own cause, as his Majesty exerts himself for their sakes and in their cause, which he has adopted.

Article 7. He said he was authorised to tell Congress in confidence, that this reflection is the result of the observations which the Court of Spain made upon the conduct of England throughout her negotiation of mediation; that the British Ministry seem to be solicitous to be reconciled with France, and to keep up this negotiation; that from thence probable hopes may be entertained of their internal disposition to peace, but at the same time they reject with haughtiness the formal acknowledgment of the independence insisted on by France and Spain. New orders have been given to the Spanish Ambassador at London, to ascertain as nearly as possible those dispositions. In these circumstances, the King, his master, ordered him to communicate this intelligence to the United States, that they may, if they think proper, take under consideration, if it would not be expedient to give their Plenipotentiary instructions and full powers, founded upon the necessity of the conjuncture and upon the treaty of alliance, the express and formal terms of which are, that peace shall not be made without an express or tacit acknowledgment of the sovereignty, and, consequently, and à fortiori, of the rights inherent in sovereignty, as well as of the independency of the United States in matters of government and of commerce.

This substantial alternative in an engagement, which is a mere gratuitous gift, without any compensation or stipulation, ought, indeed, never to be forgotten in a negotiation for peace. France foresaw the extreme difficulties, which a formal and explicit acknowledgment might meet with. She knew by her own experience in similar contests, in which she has been deeply concerned, respecting the Republics of Holland, Genoa, and the Swiss cantons, how tenacious monarchs are, and how repugnant to pronounce the humiliating formula. It was only obtained for Holland tacitly, after a war of thirty years, and explicitly after a resistance of seventy. To this day, Genoa and the Swiss cantons have obtained no renunciation or acknowledgment, either tacit or formal, from their former sovereigns. But they enjoy their sovereignty and independence only under the guarantee of France. His Court thought it important to provide, that difficulties of this nature, which consist merely in words, should not delay or prevent America from enjoying the thing itself.

From these considerations arose the very important and explicit stipulation in the treaty, which he just now mentioned, and which has received the sanction of the United States. The circumstances seem such as call for the application of the alternative of tacit or explicit acknowledgement. All these considerations are adduced, that Congress may, if they think proper, consider whether the literal execution of the treaty in this point is not become necessary, and whether the safety and happiness of the American people, as well as the essential principles of the alliance, are not intimately connected with the resolutions that may be taken on this subject. And it remains with the prudence of Congress to examine, whether instructions upon some particular conditions may not frustrate the salutary purpose of the treaty of alliance, relative to a tacit acknowledgment which the situation of affairs may require.

In thus executing, continued he, the orders I have received, I cannot omit observing, that these orders were given with the full presumption, that the business, which I laid before Congress in February last, would have been settled long before these despatches should come to my hands. However sensibly my Court will be disappointed in its expectations, I shall add nothing to the information and observations, which, with the warmest zeal for the interests and honor of both countries, and by the duties of my office, and my instructions, I found myself bound to deliver from time to time to Congress, in the course of this business. The apprehension of giving new matter to those who endeavor to blame Congress is a new motive for me to be silent. I beg only to remind this honorable body of the aforesaid information and reflections, and particularly of those which I had the honor to deliver in an assembly similar to the present. I shall only insist on a single point, which I established then and since, in one of my Memorials, namely, the manifest and striking necessity of enabling Spain, by the determination of just and moderate terms, to press upon England with her good offices and bring her mediation to an issue, in order that we may know whether we are to expect peace or war. This step is looked upon in Europe as immediately necessary. It was the proper object of the message I delivered in February last. I then established the strong reasons, which require that at the same time, and without delay, proper terms should be offered to his Catholic Majesty, in order to reconcile him perfectly to the American interest. I did not conceal, that it was to be feared, that any condition inconsistent with the established system of the alliance, which is the binding and only law of the allies, and contrary to the line of conduct, which Spain pursued in the course of her mediation, would lead her to drop the mediation, and prevent his Catholic Majesty, by motives of honor and of faithfulness, from joining in our common cause, and from completing the intended triumvirate. No loss, no unhappy event, could be so heavy upon the alliance as this. Indeed, although the British forces are already kept in check by the combined efforts of France and America, it is nevertheless evident, that the accession of Spain can only give to the alliance a decided superiority, adequate to our purposes, and free us from the fatal chance, that a single unlucky event may overthrow the balance.

The committee then taking notice of what the Minister had said concerning a tacit assurance of the independence of these States, and the reluctance of the King of Great Britain to make an express acknowledgment thereof, requested to know his sense concerning the manner in which such tacit assurance could be given. To which, he premising that what he should now say ought to be considered only as his private sentiments, replied, that the British Court would probably endeavor to avoid an express acknowledgment, by imitating precedents, that had occurred in Europe on similar occasions, instancing the cases of the Swiss cantons, and the United Provinces of the Netherlands; that the mode adopted in the latter case had been for the Archduke, to whom the King of Spain had transferred his right of sovereignty, to treat with them "as with free and independent States." And that with respect to the cantons, France had not been able to obtain for them in the treaty of Munster any other than a declaration, that they should be in possession of as full liberty and exemption from the empire, and be in no manner subject to the jurisdiction thereof. But that in his opinion the circumstances of these States, and the manner in which they had conducted their opposition, would justify their expecting a more full declaration.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 26th, 1779.

Sir,

The Minister Plenipotentiary of France has received with gratitude the permission, which the Congress of the United States has been pleased to grant him, for the expedition of the ship Defence. His Court will be very sensible of the regard, which Congress have been pleased to pay to the situation of the vessels of war stationed at Cape François.

The said Minister takes the liberty of reminding Congress of the request, which he made in one of his Memorials, dated the 5th of this month, relative to the accusations, which have been made before the whole House, of frauds which were thought to have been practised with regard to the cargo of the ship Defence, and of other vessels loaded with provisions for the French squadron. The undersigned has, by writing, on the 17th of this month, urged the committee intrusted with this verification, to be pleased to hasten its report, and he takes the liberty of addressing the same request to the Congress of the United States itself. Congress is also referred to the reflections contained in his said Memorial of the 5th instant.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 26th, 1779

Sir,

The Minister Plenipotentiary of France has received the resolution of Congress, dated the 15th of this month, in relation to the supplies of provisions destined for the squadron of the King. He requests Congress to accept his thanks for the measures, which have been taken to effect this important object. He is only under the necessity of representing, that no one of the officers of the King can, and that no American citizen will, take it upon himself to receive and take care of the provisions destined for this purpose. The unjust and arbitrary proceedings, to which they have been exposed, terrify them, and the undersigned is obliged to request Congress to leave the said provisions in their own magazines, and in the hands of their own officers, till the time of making use of them arrives. This request has more particular reference to the flour taken from Wilmington, and which has become the direct property of Congress by the transfer of it, which the undersigned made to Congress in one of his latest Memorials.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 26th, 1779.

Sir,

The Minister Plenipotentiary of France has the honor to lay before the Congress of the United States of America the sequel of the proceedings inserted in the public papers against M. Holker, Consul of the King, and his Majesty's general Navy Agent. The first part of these same proceedings is already in the hands of this august Assembly. The Minister of France intended merely to lay the facts before them, and to leave to their wisdom to determine the measures, that they should judge proper for putting an end to this offence; but the late unjust, injurious, and incompetent proceedings, which have been carried on against a public officer of the King in relation to the exercise of his functions, the further dangers with which he is threatened, the indirect consequences, which already result from them to the representative of his Majesty, and those which may result more directly from the sentiments and principles which are manifested, do not permit the Minister any longer to observe the same moderation.

Congress have received the credentials of the undersigned Minister in the name of all the United States. They have accepted, and invested with their authority the other officers of his Majesty. It consequently belongs to Congress to protect them against the attacks, which may be made in their persons on the dignity of his Most Christian Majesty, and the laws common to all nations governed by the laws of police, relative to the free exercise of their functions. Congress is too enlightened to need a comment upon the insulting writings, which the Minister lays before them. He merely requests them to take into consideration the contents of the letter, which the said Minister has written to the President of the Executive Council of Pennsylvania, as well as that which the Consul of the King has addressed to him. Copies of them are annexed. He is persuaded that Congress will have the less hesitation to take this cause in hand, as facts are involved in it relative to the secret of the alliance, which have happened in the sight and with the consent of a committee; and as this reason alone would justify them in taking an exclusive cognizance of it; besides, the Consul of the King will most fully prove, if Congress think it necessary, that the orders he has given have been exactly conformable to the agreement made with the committee, and to the territorial laws of the State in which they were executed.

Agreeably to these considerations, the Minister Plenipotentiary of France has the honor to beg and formally to request the Congress of the United States of America;

1st. To be pleased to take under their special protection the Consul of the King, and, if circumstances require it, his Majesty's other officers.

2dly. To cause the public notice already given to be repeated, that M. Holker has been accepted by this august body, and recognised as the Consul of his Most Christian Majesty.

3dly. To grant to this public officer, or to procure for him, justice and satisfaction for the attacks publicly made on his honor and reputation.

4thly. To declare that the Consul of the King has acted conformably to the views and wishes of Congress, in seeking to procure provisions for the King's squadron by the way of trade; that the condition of these private purchases has always been, that the articles procured should remain at the free disposal of Congress, either for the army, or for the benefit of the public, and that not a single barrel of flour should be exported without their consent and formal authorisation; that, in consequence of this agreement, the undersigned Minister has transferred to them the hundred and eightytwo barrels bought at Wilmington, and that this quantity of provisions has, from this time, become the property of the United States.

Finally, the undersigned Minister requests Congress to take the effectual measures that their wisdom shall dictate, for protecting all the officers of the King, his master, from every unjust, injurious, and arbitrary proceeding, and for securing to them the liberty necessary for the exercise of their functions, without seeing the dignity of his Majesty and the honor of his officers exposed to farther insults.

The justice of Congress, and their regard for the honor of a monarch, who is a friend and ally of the United States, will, doubtless, prevent the serious discussions and the misunderstanding which such proceedings, if they are not promptly and authentically made amends for, would undoubtedly occasion. It is with the most entire confidence, that the undersigned Minister places this whole affair in the hands of Congress.

GERARD.

The Papers referred to in the foregoing Memorial.

No. 1.

M. GERARD TO THE PRESIDENT OF THE STATE OF PENNSYLVANIA.

Translation.

Philadelphia, July 26th, 1779.

Sir,

M. Holker, Navy Agent and Consul of the King, my master, has presented to me his defence in relation to the suspicions, which some have been pleased to excite as to his conduct concerning the subsistence of the French fleet. I approve and confirm all the contents of his letter, and I declare, that he has acted on this occasion in his capacity of a public man and an officer of his Most Christian Majesty, and that all the orders that he has given for the said subsistence have been given under my direction, and with the consent and agreeably to the desire of the committee of the general Congress of the United States.

I hope that the defence of the Consul of the King will satisfy your Excellency and the Executive Council of this Province, as well as every honest and unprejudiced man. At any rate, M. Holker and all the other consuls and officers of his Most Christian Majesty scattered throughout America, will always be ready, when they shall be properly requested, to answer as to anything that shall relate to the law of the country. It is the serious will of his Majesty; his representatives are ordered to see to it; and it is for this reason, that the offers of M. Holker have anticipated your wishes in this respect. But, Sir, in paying this just tribute to the sovereignty and to the territorial law, I must have the honor of observing to you, that there is no civilized nation where the agents and public servants of a foreign sovereign do not enjoy immunities and exemptions, which by the unanimous consent of these nations have been regarded as indispensably necessary for the free exercise of their functions; even when they act contrary to the law of the country, care is taken, and caution used, in order not to wound the dignity of their constituents, and not lightly to injure the public character of their officers. If they have acted only in their official capacity, people have neither the right nor the power to set themselves up for judges; but if there are evident proofs, they are transmitted to the superior officer, if there is one in the country, and it may be to the sovereign himself, and it is for him to cause satisfaction to be made, or the proper punishments to be inflicted.

These officers, moreover, cannot be subjected to any inspection or inquisition with regard to the execution of their public functions, except to that of their own sovereign and his representatives; it does not belong to any one whatsoever to assume in this respect a power and an authority, which would become an attack on the rights of the sovereign of another country, and an injury to its representatives. This would be a violation of the laws common to nations governed by the laws of police, and a manifest infraction of the principles upon which the mutual and necessary communication between friendly nations is founded, and without which the appointment and the residence of the respective public officers would become dangerous and impossible, if in any country whatever these principles were not acknowledged, or if any person pretended, without the consent of a sovereign, to set up for a guardian of his officers, and to censure and condemn their conduct in his name, or under the pretext of his interest. If this usurped power extended even to actions, the scene of which was without the territory of the State; if it were allowable to take the property of a sovereign by force from the place of deposit, notwithstanding the protest of the civil magistrate, and in a foreign State, to which alone it would belong to protest against the violence of its laws; in fine, if after assuming the pretext of taking care of his interests, any one should dare to sentence explicitly or by implication a foreign King to pay a penalty or fines, and if the public officers were represented as enemies of the country, even while they were employed in affairs of the utmost secrecy and of the greatest importance for this very country's own interest, they would then be deprived of the liberty, which every citizen and every other stranger enjoys; while, on the other hand, the terrified citizens would refuse to take part in any affair relating to this power, in order to preserve their reputation and tranquillity. These officers would then be prevented from fulfilling their duties to their master, particularly if the crime of falsehood were publicly imputed to them while their title and quality were called in question, although publicly and authentically acknowledged by all the powers of the country. Such conduct would be a marked insult, and this situation very near to a state of hostilities would tend to destroy all confidence, all commerce, and all correspondence between the two friendly and allied nations; and there would remain only one course to be pursued by the representatives of that which should be injured, and which could not obtain immediate satisfaction; namely, that of seeking an asylum in a country where the respect which a nation owes to an independent, friendly, and allied power, as well as to its representatives, is known, and where, by conforming to the territorial laws, one can rely upon the effectual protection of the sovereign, against every injurious, violent, and arbitrary proceeding.

My duty, Sir, places me under the necessity of offering these remarks to your Excellency and the Executive Council. Having no direct credentials for the Republic of Pennsylvania, I cannot demand reparations from it as a Minister, and I can only address myself to the Congress of the United States, forasmuch as the facts in question have all happened under its sanction and by its authorisation; but my desire to preserve the decency, harmony, and good understanding, which ought to prevail between two allied States, will justify me in earnestly requesting your Excellency and the Executive Council to take immediately into consideration the preceding observations, and without delay to communicate to me your opinion on this subject. An explicit and positive answer is indispensable in this delicate and critical juncture, in order that I may take the measures suitable to the dignity of the King, my master, as well as to the tranquillity and to the honor of his officers of all ranks and denominations, and at all events to enable his Majesty to provide himself for the maintenance of his dignity. Meanwhile I give orders to suspend every proceeding susceptible of new inconveniences, and every operation in the State of Pennsylvania on account of his Most Christian Majesty on the part of his officers, until the rules to which they are to conform shall be known and fixed, and till the public is convinced that the citizens do not expose their honor and their tranquillity, when they treat with the officers of the King, and when they conform to the laws of their States.

GERARD.

No. 2.

M. HOLKER TO JOSEPH REED, PRESIDENT OF PENNSYLVANIA.

Translation.

Philadelphia, July 24th, 1779.

Sir,

I have the honor of forwarding to your Excellency Mr Dunlap's publication of this day, in which I find, with some degree of surprise, a paragraph levelled at me and my official transactions. I observe that notwithstanding the most explicit and repeated offers I made to you yesterday morning, and through you to the honorable the Supreme Executive Council of this State, of proving that I had not in any shape violated or infringed the laws of Pennsylvania, that I had acted in perfect conformity therewith; notwithstanding I solemnly declared that the flour seized was bought and destined for the sole use of his Majesty's fleet; notwithstanding the many and forcible reasons urged to your Excellency to convince you that more proper and more decent measures might have been pursued, and that the steps I had taken to supply his Majesty's fleet were not only proper, but were dictated by mere necessity; notwithstanding all these circumstances, I am still held up to the public in a suspicious light, and as if I were answerable or accountable for the private and personal transactions of Mr Rumford of Wilmington, transactions totally foreign to me and to the instructions or orders given him by me.

My application to you, Sir, in this respect, seems to have been so far ineffectual, as also your just and pointed representation on this subject, which you were pleased to communicate to me by your letter of this day. I am sorry to remark, that though I have acted in concert with his Excellency, our Minister Plenipotentiary, that Congress has always been apprised of the purchases made by my orders; though all the provisions purchased and delivered into the hands of my agents have been at all times at the disposal of Congress in consequence of express stipulations; though I have given with pleasure the widest room for inquiry into the grounds of all suspicions, in order that a thorough investigation might establish public tranquillity and public confidence, which I had the greatest reason to expect, because it is evident, even by the publications, that not a single suspicion was founded on solid ground, but merely on surmise; still his Majesty's representative in this Commonwealth, his Agent General in all the ports of the United States, acknowledged as such by Congress, by yourself, and the board at which you preside, specially charged, in conjunction with the Minister Plenipotentiary, with procuring the necessary supplies for his Majesty's squadron, expressly fitted out for the defence of these States against the common enemy, and for the protection of his dominions in America, acting in the strict line of his office and duty, is most wantonly traduced to the public, branded with the most injurious and unfair imputations in the newspapers published in this very city, where these facts and my public character are most notorious, under your eyes, with your knowledge, and in contradiction to your personal advice and disapprobation.

I need not expatiate on the evil consequences, that may arise from such illiberal aggression. I need not claim your interposition. But the reasons I gave you yesterday, becoming every instant more forcible and more pressing, it is necessary that I demand the most immediate exertions of government on this occasion.

It is with the utmost reluctance I sit down to appeal in this solemn manner to the Executive power of Pennsylvania for justice, lest my request may be construed an opposition to the respectable motives of the informers on my conduct; but I am accountable to my royal master for my actions, and obliged to exact that respect due to his representative in this State, and to support the dignity of the character with which he has been pleased to invest me. Therefore, it is in compliance with my duty, that I submit these facts and the repeated insults I meet with, to the reflections of your Excellency and Council, relying fully on your sense of propriety, and on your exertions on this occasion, as in all others, where I have applied for redress.[26]

I remain with respect, your Excellency's most obedient and humble servant.

HOLKER.

FOOTNOTE:

[26] The publications relative to these complaints are found in the Pennsylvania Packet of Saturday, July 24th, 1779.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 28th, 1779.

Sir,

The Minister Plenipotentiary of France thinking it necessary to lay before Congress all the information relative to the affair of the flour from Wilmington, has the honor to annex the copy of a letter, which the President of the Executive Council of Pennsylvania has written to M. Holker, as well as of the three pieces, which were annexed to this letter, and of which this Consul has informed the said President that he retained a copy.

The undersigned Minister must at the same time have the honor to represent to Congress, that he is informed that there will be a new meeting of the city on Monday morning, and that the critical state of affairs seems to require, that it should be seen fit, before this time, to take some effectual measures conformable to the petition and to the request, which he has had the honor to address to Congress. Otherwise the undersigned, and the other officers of the King, would have no protection and no security against the effects of the unjust, injurious and violent principles and proceedings, of which the said Minister has complained; and he would be compelled to leave Philadelphia and Pennsylvania, in order to seek an asylum in another State, where liberty and protection could be secured to him, till he could receive the orders of the King, his master.

GERARD.

Copies of the Papers enclosed in the above Letter.

No 1.

JOSEPH REED TO M. HOLKER.

Philadelphia, July 24th, 1779.

Sir,

After the visit you favored me with yesterday, and in consideration of the point on which we conversed, I wrote the letter enclosed, and about six o'clock the answer, also enclosed, was delivered me. I informed the gentlemen, two of the committee, that I had seen you that morning, that you conceived yourself able to remove the imputations conveyed in their representations, and had requested the Council to point out the parts of your conduct, on which doubts might arise. The gentlemen promised me they would inform the other gentlemen of what I had represented; and also that I still thought there would be an impropriety in making the publication in the present circumstances. I observe this morning, that the gentlemen have been of a different opinion, doubtless deeming themselves under a public obligation to communicate the transaction to the world without delay.

I have the honor to be, &c.

JOSEPH REED.

P. S. Not having any copies of the enclosed, I must beg you to return them after perusal.

No. 2.

In Council, Philadelphia, July 23d, 1779.

A paper, dated in committee, and signed William Henry, chairman, in answer to the reference made by this Board on the 14th instant, having been read,

Ordered, that the Secretary do write to the said Mr Henry to inform him, that the papers alluded to in said answer did not accompany it, and to desire that they may be forwarded as soon as convenient.

The President having informed this Board, that M. Holker had conferred with him on the above representation, and showed a copy thereof received by him (M. Holker) from the committee, and requested that this Board would point out such parts thereof as may appear to convey any imputations upon him, or distrust of his faithful performance of his duty as a public officer,

Ordered, that the said paper be further considered tomorrow, that a proper answer may be given to the said request.

Extract from the minutes,

JAMES TRIMBLE,
for T. MATLACK, Secretary.

No. 3.

JOSEPH REED TO WILLIAM HENRY, CHAIRMAN OF THE COMMITTEE.

Walnut Street, July 23d, 1779.

Sir,

I received this morning the report of the committee on the affairs of M. Holker, which by a particular accident I was prevented from laying before the Council this morning. I observe it is proposed to publish it, but I presume this does not mean an immediate publication, as there will be an indelicacy and violation of usual forms to do this, until a return has been officially made thereupon by us to Congress, through whom the matter came to us. In all cases of petitions or other papers, to be presented to any public body, I take it to be a standing rule, that the matter shall be first communicated to them, before it is published to the world. As I observe you have sent a copy to M. Holker, I presume it is intended thereby to give him an opportunity to explain, deny, or admit, such a part of it as he may think proper to do. A publication will in some measure debar him from this, whereas at a future day, if the publication is still thought necessary, the whole may be given together; at all events, it will be the duty of the Council to make some report to Congress, in which this narration will appear. As to the flour itself, perhaps there may be no inconvenience in letting it remain a few days in its present condition. My earnest wish is, that this business may be conducted without fear, favor, or partiality, to the real interests of the community, all first suspicions converted into solid proof, and those of a contrary kind effectually banished.

The good sense of the gentlemen to whom I address myself will, I am persuaded, make the necessary and present distinction between persons acting in a public capacity and character, especially of another nation, and our own citizens, who are to stand or fall by their own laws, and the estimation of their countrymen.

I am, Gentlemen, &c.

JOSEPH REED.

No. 4.

WILLIAM HENRY TO JOSEPH REED.

Friday Afternoon, 5 o'clock, Committee Room.

Sir,

We had the honor of your favor of this morning, and beg leave to observe in answer thereto, that Mr Morris having already published an account of the flour, both in behalf of himself and M. Holker, as may be judged by his publishing M. Holker's letters, and that publication being prior to any report from the Council to Congress, we conceive there can be no impropriety in our now taking the matter publicly up. Besides which, we apprehend ourselves laid under an immediate necessity to give satisfaction to our fellow citizens on the subject, and to publish our proceedings for the previous consideration of the meeting on Monday.

M. Holker, we conceive, ought in justice to himself to have appealed to the Council agreeably to the resolution of Congress, which he has not done. We have deferred the matter to the last moment, and cannot now, without exposing the reputation of the committee, defer it longer.

Your Excellency is sensible that nothing but the most pressing necessity could induce us to depart from the advice you are pleased to give, and we request you to accept the reasons we have assigned as an apology for so doing.

By order of the committee.

I have the honor to be your Excellency's most obedient, humble servant,

WILLIAM HENRY, Chairman.

All the above memorials, letters, and papers received from the Minister this day, were referred to a committee of five, namely, Mr Huntington, Mr Laurens, Mr Smith, Mr Morris, and Mr Kean, who were instructed to confer with the President and the Supreme Executive Council of the State of Pennsylvania and with the Minister and Consul of France, and to prepare and report a state of facts, together with their opinion of the measures proper for Congress to adopt thereupon.

M. HOLKER TO M. GERARD.

Translation.

Philadelphia, July 29th, 1779.

Sir,

I have the honor to send you the several annexed certificates, which have been sent to me by Mr Rumford of Wilmington. As these papers have a direct relation to the conduct of Mr Rumford, and to the seizure made of the flour bought by him for the King's squadron, and as they may give room for fuller information, as well with regard to my transactions as to that of this commissary, or of every one else, in relation to the said flour seized, I think it my duty to request you to transmit them as soon as possible to Congress, informing that body that I have sent duplicates of them to the Council of the State of Pennsylvania. I hope that there will be found in them proofs of the desire, which has always animated me to conform in everything to the resolutions or recommendations of Congress, as well as to dispel all the doubts or suspicions which insinuations, assertions, or publications could have shed upon me. I dare even flatter myself, that I shall at last receive the satisfactory testimonial, to which my conduct, my transactions, public or private, in everything that can concern the United States of America, seem to entitle me on the part of Congress.

I am, Sir, respectfully, your obedient humble servant,

HOLKER.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 30th, 1779.

Sir,

Mr Rumford has sent to the Consul of the King some new documents, which throw great light on the affair of the flour from Wilmington. I have the honor to forward them to you, in the hope that you will be pleased to lay them before Congress, as well as the letter of M. Holker, which accompanies them.

I have the honor to be, with the greatest respect, Sir, your most humble and obedient servant,

GERARD.

In Congress, July 30th, 1779.

The above papers were referred to the committee of five, before mentioned, who on the 2d of August delivered in a report, whereupon Congress came to the following resolutions;

Resolved, That the Minister of France be assured, that Congress will at all times afford every countenance and protection to the Consuls and other servants of his Most Christian Majesty, with the powers and authorities to them delegated by their constituents.

That the several appointments of Consuls made, and which may hereafter be made and approved by Congress, be duly registered in the Secretary's office, and properly notified by the President to the Executive authorities of the respective States in whose ports such Consuls may reside.

That the measures taken by M. Holker to procure flour for the fleet of his Most Christian Majesty in the way of commerce, have from time to time been made known unto, and been fully approved by Congress; that the several proceedings and publications complained of by the Minister on that subject are very injurious to the servants of his said Majesty, and that Congress do highly disapprove of the same.

That the President and Supreme Executive Council of Pennsylvania be informed, that any prosecutions which it may be expedient to direct for such matters and things in the said publications or transactions, as may be against the laws of nations, shall be carried on at the expense of the United States.

That the Minister of France be informed that the President and Supreme Executive Council of Pennsylvania have taken proper measures to restore the flour taken from the agents of M. Holker.

THE PRESIDENT OF PENNSYLVANIA TO M. GERARD.

In Council, Philadelphia, July 31st, 1779.

Sir,

I have now the honor of addressing you in answer to the representation you were pleased to make to this Board on the 24th instant. When, to every principle of public affection, policy, and justice, there is added our experience of your personal friendship to America, and your attachment and engaging deportment to the citizens of Pennsylvania of every rank, all professions on our part to make your residence in the State happy, easy, and honorable, must be unnecessary. It is not easy, therefore, for us to find language to express our concern at any transaction which may disturb your repose, and interrupt the exercise of those functions discharged with so much honor to yourself and satisfaction to those, who are called to take any part in public affairs.

In some communications which the Honorable Congress have been pleased to make to us, we also see, with great concern, that apprehensions are expressed, the reality of which we should deplore as an evil of the first magnitude. Be assured, Sir, that the citizens of Philadelphia, and of Pennsylvania, cannot entertain sentiments so unworthy; but if there are any so lost to every sense of propriety, decency, and order, the authority of the State has power equal to its inclination to check and suppress so licentious and wicked a procedure.

We entreat you, therefore, to dismiss every idea so painful and so dishonorable to us as that of personal insult, and repose confidence in us when we confirm to you our assurances of the affection, respect, and esteem of our constituents. And if there are any persons, who presume to insinuate dangers of outrages, as suggested in your representations, we most earnestly request you to consider them either as ignorant of the real sentiments of those of whom they speak, or as acting from less honorable motives.

I have now the honor of acquainting you, that upon the requisition of this Board, the flour in question, and which has given rise to this unhappy discussion, is delivered up to this Board, and that it is ready to be put into the disposal of M. Holker, or any person he may direct, for the purposes of its original destination, without any condition or restriction, a measure, which we hope both as to you and himself, will be considered as a relinquishment of those terms, which form a ground of your complaint. Our desire to make the most early and explicit avowal of our sentiments and intentions has induced us to make this communication, at the same time all other business being laid aside, we are considering the papers which touch the character of M. Holker, upon which we shall, without delay, address ourselves to the Honorable Congress of the United States, through whom those communications have been made to us, and we trust it will fully appear, that a veneration for the Prince, whose servant he is, respect to your interposition, justice to him, and a due regard to the rights and interests of this State, have influenced our determination.

We observe all the papers respecting this transaction have been transmitted to you, except a resolution of this Board passed on the 14th instant, which, probably, by some accident has been omitted. I have now the honor of enclosing it, that every proceeding may be fully before you.

Signed in and by order of Council.

JOSEPH REED, President.

In Congress. On the 4th of August the committee to whom was referred the Memorial of the Minister, relative to the ship Mary and Elizabeth's cargo, delivered in a report, whereupon,

Resolved, That Congress do not entertain any suspicion, that M. Holker, agent of the marine of his Most Christian Majesty, had any participation in, or knowledge of, the shipping of provisions on private account on board vessels despatched in the name of his Most Christian Majesty.

Resolved, That frauds by masters and shippers are offences against the municipal laws, and are to be investigated by the magistrates of the States respectively.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, August 5th, 1779.

Sir,

I have received with gratitude the resolution of Congress, which you were so kind as to send me yesterday. I express my sentiments on this subject in the annexed Memorial, which I request you to be pleased to lay before Congress.

I have the honor to be, with the greatest respect, Sir, your most obedient and humble servant,

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, August 5th, 1779.

Sir,

The Minister Plenipotentiary of France is eager to thank Congress for the readiness with which they have been pleased to yield to his representations of the 26th of last month.

The resolutions, which have been communicated to the undersigned in the name of Congress, appear to him to leave nothing to be desired; he only hopes that the public will be informed of the opinions of Congress, in whatever form they shall think the most suitable; and the Minister Plenipotentiary is persuaded, that his Court will regard the said resolutions as a suitable and sufficient satisfaction for the proceedings which they condemn, and the offence which has resulted from them.

It is under this impression, that the undersigned Minister takes the liberty to request Congress not to carry into execution that one of their resolutions which orders, that those who on this occasion may have violated the laws of nations shall be prosecuted. The King's greatness of mind forbids his Minister to insist upon such a measure. Between nations closely connected by the most powerful motives of friendship and interest, even the most lawful reparations ought always to stop short of revenge. It is sufficient to undeceive the public, and to restrain the evil-disposed men, who sometimes conceal themselves under the pretence of the common good. The said Minister, consequently, earnestly requests Congress to stop the said prosecutions, and he dares hope this from the moderation of Congress, provided that motives foreign to France and independent of the present affair do not cause this august body, or the Executive Council of Pennsylvania, to see in this indulgence inconveniences, which are out of the sphere of the undersigned Minister.

GERARD.

In Congress, August 9th, 1779.

Resolved, that the Minister of France be informed, that the resolutions alluded to in his Memorial of the 5th instant will be published in the journals of Congress, and that in the meantime he consider himself at liberty to make such use of the copies transmitted to him, as he may think expedient.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, August 11th, 1779.

Sir,

It is with the greatest regret that I learn, that the attempt made at Martinique to obtain military stores has been fruitless. You will see the reasons of it in the letter of the Marquis de Bouillé, which I have the honor to send you. Nothing but the impossibility of the thing could prevent the servants of the King from rendering all possible services to the American cause, and compel them to delay complying with the requests of Congress.

I have the honor to be, with the greatest respect, Sir, your most humble and most obedient servant.

GERARD.

THE MARQUIS DE BOUILLÉ TO M. GERARD.

Translation.

Martinique, July 11, 1779.

Sir,

I have received the letter, which you did me the honor to write on the 8th of June, in which you inform me of Congress' want of powder. I am very sorry that the supplies for this colony, which are much less than they ought to be, will not permit me to furnish any to the United States of America. The immense and unforeseen consumption occasioned by Count d'Estaing's fleet, and his unhappy expedition against St Lucia, have laid me under the necessity of purchasing up all the powder in the hands of merchants to the amount of fifty thousand pounds, and you must be sensible, that nothing but the most urgent necessity could have induced me to go to such expense on account of the King, at a time when I am in so much want of money. Mr Bingham who is here, an agent of Congress, will be able to purchase lead of the merchants. As to arms, they are become scarce.

I have the honor to be, &c.

BOUILLÉ.

P. S. I beg of you, Sir, to use all your efforts, that we may receive as much provisions as possible before the month of November next at farthest, and cause them to be addressed to me either at Fort Royal, at St Pierre, or at Trinité in this Island, and that you would not let the price of freight prevent you. You will thereby do us the most essential service.

In Congress, August 23d, 1779.

Resolved unanimously, that a committee consisting of one member from each State be appointed to congratulate the Minister of France on the anniversary of the birth of his Most Christian Majesty, and to assure him that the pleasure, which we feel on this occasion, can be estimated by those only who have a just sense of the extensive blessings, which many nations have already derived from his wisdom, justice, and magnanimity, and of the prospect of general happiness to mankind through the influence of his Majesty's virtuous exertions and glorious example.

M. GERARD TO THE COMMITTEE OF CONGRESS.

Translation.

Philadelphia, August 23d, 1779.

Gentlemen,

The manner in which Congress are pleased to express their sentiments on the occasion of the anniversary of the birth of the King, my master, is a mark of their friendship and respect for his Majesty. Your expressions are truly worthy of a faithful ally, and I dare assure you, that the account, which I shall render to his Majesty of them, will be in the highest degree agreeable to him.

GERARD.

THE COUNT DE VERGENNES TO M. GERARD.

In Congress, September 7th. The President laid before Congress a paper of intelligence, which he received from the Minister Plenipotentiary of France, and which is as follows, being an extract of a letter from Count de Vergennes to M. Gerard, dated Versailles, June 29th, 1779.

Translation.

"Sir,

"The decision of Spain is public. Her Ambassador quitted London on the 18th of this month; he is now at Paris. Her forces are on their march to join with ours. The junction made, they will endeavor to inflict on England a blow sufficiently heavy to force her to acknowledge the independence of America. To free herself if possible from this hard necessity, and to procure herself the power of opposing at some future time a nation, which she will not without great reluctance consent to free from the servitude, which she wished to impose upon them, it seems that she has sent two emissaries to Congress with the offer of a truce, and even with power to withdraw all the English forces, if America will determine to give up our alliance, and to separate herself from us.

"I do not imagine that this treachery can even enter into the mind of Congress, but if they should be enticed by the love of peace, a single reflection ought to stop it. As soon as England shall have proved the defection, she can settle her affairs with us, and we shall have no reason to refuse to do it; she will then fall upon America with the whole mass of her power, very certain that no nation in Europe will afterwards take any interest in a nation, which shall have signalized its birth by the most unworthy cowardice of which a government can be guilty. I am persuaded, Sir, that this reflection seasonably presented, will be of great effect. There are many other reflections, which certainly will not escape your wisdom."

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, September 15th, 1779.

Sir,

The Minister Plenipotentiary of France has the honor to inform the Congress of the United States of America, that he has appointed Mr James Wilson Attorney-General of the French nation, in order that he may be intrusted with all causes and matters relative to navigation and commerce. The said Minister thought it proper to communicate this proceeding to Congress.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, September 15th, 1779.

Sir,

The Minister Plenipotentiary of France, who is preparing to depart immediately, has the honor to request the Congress of the United States to be pleased, in the course of the week, if it be not inconvenient, to grant him an audience for the purpose of taking leave of Congress.

GERARD.

In Congress, September 15th, 1779.

Resolved, That Friday next be assigned for granting a private audience to M. Gerard, Minister Plenipotentiary of France, in order to his taking leave.

Resolved, That this private audience be in full Congress.

Friday, September 17th. Resolved, That two members be appointed to introduce the Minister to the private audience.

The Minister being introduced, took his leave in the following speech.

M. GERARD'S SPEECH ON TAKING LEAVE OF CONGRESS.

Translation.

"Gentlemen,

"The King, my master, having been pleased to accept the representations, which my bad state of health compelled me to make to him, has permitted me to return. At the same time he has been in haste to send another Minister Plenipotentiary to America, in order that there may be no interruption in the care of cultivating the mutual friendship. I must leave it to the talents of the Chevalier de la Luzerne to explain to you his Majesty's sentiments, and will confine myself here, Gentlemen, to expressing to you the satisfaction I shall experience in giving an account to him of the events, of which I have been a witness during more than a year's residence with you. He will perceive in them the sentiments, which animate and direct your counsels, your wisdom, your firmness, your attachment to the alliance, and your zeal for the prosperity of the common cause and of the two respective nations. He will see, with pleasure, the valuable union, which constitutes the principal force and power of confederated America, that not only the citizens are in no want of zeal or vigor to repel the incursions, which henceforth can have no other object than a barbarous devastation, but also that there is no American, who does not perceive the necessity of uniting to humble the common enemy more and more, and to weaken him by efforts proportionate to the importance of putting a happy end to a glorious revolution, and also of securing to confederated America, by a firm and honorable peace, as quickly as possible, the inestimable advantages of liberty and independence, which form the essential and fundamental object of the alliance, and of the war provoked and made necessary by England.

"It remains to me, Gentlemen, to offer you in general and individually, the tribute of my gratitude for the marks of confidence and esteem, and for the attentions which I have received from you. I have always endeavored to deserve them by the most sincere and lively attachment to the interests and to the dignity of the United States, as well as to the principles and sentiments resulting from the alliance. I have not lacked zeal for everything that might relate to them, and cement more and more the connexions, whether political or personal, between the two nations. The most flattering recompense of my labors would be the expression of your satisfaction.

GERARD."

REPLY OF THE PRESIDENT OF CONGRESS TO M. GERARD'S SPEECH ON HIS TAKING LEAVE.

"Sir,

"We receive with much concern the intimation you have given us, that the bad state of your health obliges you to leave America; though, at the same time, we are sensible of the continued friendly care of his Most Christian Majesty in sending a new Minister Plenipotentiary to these States.

"Great as our regret is in thus parting with you, yet it affords us pleasure to think how well disposed you are to improve the favorable opportunities you will have on your return to France, of evincing to his Majesty the reality of those sentiments on our part, which may justly be termed the animating principles of the United States.

"By such representations, the King will be assured that the citizens of these States observe with the most lively satisfaction the repeated instances of his amity for them; that they regard the alliance as an inestimable connexion, endeared to them by the purity of the motives on which it was founded, the advantages derived from it, and the blessings it promises to both nations; that their resolution of securing its essential objects, liberty and independence, is unalterable; that they are determined, by all the exertions in their power, to advance the common cause, and to demonstrate, that while they are attentive to their own interests, they as ardently desire to approve themselves not only faithful, but affectionate allies.

"By a residence of more than a year near Congress, you are enabled to form a competent judgment of the difficulties we have had to encounter, as well as of our efforts to remove them.

"Sir, we should be deficient in the respect due to distinguished merit, if we should fail to embrace this opportunity of testifying the high esteem, which you have obtained throughout this country by your public and private conduct. You have happily combined a vigilant devotion to the dignity and interest of our most excellent and illustrious ally, with a zealous attachment to the honor and welfare of these States.

"Your prudence, integrity, ability, and diligence in discharging the eminent trust reposed in you, have secured our entire confidence, and now solicit from us the strongest declarations of our satisfaction with your behavior.

"That you may be blessed with a favorable voyage, the approbation of your sovereign, the perfect recovery of your health, and all happiness, is among the warmest wishes of every member of this body.

"By order of Congress,

JOHN JAY, President."

CONGRESS TO THE KING OF FRANCE.

Great, Faithful, and Beloved Friend and Ally,

The conduct of your Majesty's Minister, M. Gerard, during his residence in America, has been in every respect so commendable, that we cannot forbear testifying to your Majesty our sense of his merit, without feeling that uneasiness which arises from a neglect of the obligations of justice.

His behavior appears to us to have been uniformly regulated by a devotion to your Majesty's dignity and interest, and an adherence to the terms and principles of the alliance, while, at the same time, he demonstrated his attachment to the honor and prosperity of these States.

Thus serving his sovereign, he acquired our entire confidence and esteem, and has evinced your royal wisdom in selecting a person so properly qualified to be the first Minister sent to the United States of America.

That the Supreme Ruler of the universe may bestow all happiness on your Majesty, is the prayer of your faithful and affectionate friends and allies.

Done at Philadelphia, the seventeenth day of September, in the year of our Lord one thousand seven hundred and seventynine, by the Congress of the United States of America.

JOHN JAY, President.

In Congress, September 25th, 1779.

The committee to whom was referred the paper of intelligence communicated by M. Gerard, on the 7th instant,[27] reported the draft of a letter in answer to the said communication, which was read as follows;

"Sir,

"The sentiments contained in the paper laid before Congress on the 7th instant have given us great uneasiness, as they admitted the possibility of an event, which we cannot contemplate without pain and regret. Nevertheless, as they demonstrate the anxieties of a faithful friend, Congress are willing again to testify their unalterable attachment to the terms and principles of the alliance, more especially as we wish you on leaving America to take with you a solemn assurance of our fixed dispositions.

"Reposing ourselves upon that Almighty power, whose interposition in our behalf we have often seen and adored, confident of the unanimity and zeal of our fellow-citizens throughout these States, assured of the assistance and support of our great ally, relying that the good and brave everywhere regard our cause with interested attention, we firmly repeat what we have already declared, that no offer of advantage, however great and alluring, no extremes of danger, however alarming, shall induce us to violate the faith we have given and the resolutions we have adopted, for the observance of which we have solemnly pledged our lives, our fortunes, and our sacred honor."

After debate, Ordered, that the President return the following answer;

"Sir,

"Congress feel themselves obliged by your communication of the 7th instant, and are happy that M. Gerard will be able to contradict from the fullest evidence every insinuation, which may be made prejudicial to the faith and honor of the United States."

FOOTNOTE:

[27] See this paper above, p. [349].