[CHAPTER X]

MINISTER TO FRANCE, II PRISONERS: TROUBLE WITH LEE AND OTHERS

No sooner had the war taken on an assured character than many quick-eyed and adventurous Americans, and Franklin among the first, saw irresistible temptation and great opportunity in that enormous British commerce which whitened all the seas. The colonists of that day, being a seafaring people with mercantile instincts, were soon industriously engaged in the lucrative field of maritime captures. Franklin recommended the fortifying of three or four harbors into which prizes could be safely carried. Nothing else, he said, would give the new nation "greater weight and importance in the eyes of the commercial states." Privateering is not always described by such complimentary and dignified language, but the practical-minded rebel spoke well of that which it was so greatly to the advantage of his countrymen to do. After arriving in France he found himself in a position to advance this business very greatly. Conyngham, Wickes, with others only less famous, all active and gallant men as ever trod a deck, took the neighboring waters as their chosen scene of action, and very soon were stirring up a commotion such as Englishmen had never experienced before. They harried the high, and more especially the narrow, seas with a success at least equal to that of the Alabama, while some of them differed from Semmes and his compeers in being as anxious to fight as the Southern captains were to avoid fighting. Prize after prize they took and carried into port, or burned and sank; prisoners they had more than they knew what to do with; they frightened the underwriters so that in London the insurance against capture ran up to the ruinous premium of sixty per cent. The Lisbon and the Dutch packets fell victims, and insurance of boats plying between Dover and Calais went to ten per cent. Englishmen began to feel that England was blockaded! We are not so familiar as we ought to be with the interesting record of all these audacious and brilliant enterprises, conducted with dare-devil recklessness by men who would not improbably have been hanged both as pirates and as traitors, had fortune led to their capture at this moment of British rage and anxiety.[47]

All this cruising was conducted under the auspices of Franklin. To him these gallant rovers looked for instructions and suggestions, for money and supplies. He had to issue commissions, to settle personal misunderstandings, to attend to questions of prize money, to soothe unpaid mutineers, to advise as to the purchase of ships, and as to the enterprises to be undertaken; in a word, he was the only American government which these independent sailors knew. The tax thus laid upon him was severe, for he was absolutely without experience in such matters.

There was one labor, however, in this connection, which properly fell within his department, and in this his privateersmen gave him abundant occupation. It was to stand between them and the just wrath and fatal interference of the French government. Crude as international law was in those days, it was far from being crude enough for the strictly illegitimate purposes of these vikings. What they expected was to buy, equip, man, and supply their vessels in French ports, to sail out on their prize-taking excursions, and, having captured their fill, to return to these same ports, and there to have their prizes condemned, to sell their booty, to refit and re-supply, and then to sally forth again. In short, an Englishman would have been puzzled to distinguish a difference between the warlike ports of America and the neutral ports of France, save as he saw that the latter, being nearer, were much the more injurious. But de Vergennes had no notion of being used for American purposes in this jeopardizing style. He did not mean to have a war with England, if he could avoid it; so he gave to the harbor masters orders which greatly annoyed and surprised the American captains, "extraordinary" orders, as these somewhat uninstructed sea-dogs described them in their complaining letters to Franklin. They thought it an outrage that the French minister should refuse to have English prizes condemned within French jurisdiction, and that he should not allow them to refit and to take on board cannon and ammunition at Nantes or Rochelle. They called upon Franklin to check these intolerable proceedings. Their audacious and boundless insolence is very entertaining to read, especially if, in connection therewith, we call to mind the history of the "Alabama outrages."

Franklin knew, just as well as de Vergennes did, that the French ministry was all the time favoring the privateersmen and cruisers far beyond the law, and that it was ready to resort to as many devices as ingenuity could concoct for that purpose; also that the Americans by their behavior persistently violated all reason and neutral toleration. Nevertheless he stood gallantly by his own, and in one case after another he kept corresponding with de Vergennes under pretense of correcting misrepresentations, presenting requests, and arguing points, until, by the time thus gained, the end was achieved. The truth was that Franklin's duty was to get from France just as much aid, direct and indirect, as could be either begged or filched from her. Such orders could not be written down in plain words in his instructions, but none the less they lurked there not illegible to him among the lines. He obeyed them diligently. France was willing to go fully as far as she could with safety; his function was to push, to pull, to entice, even to mislead, in order to make her go farther. Perhaps it was a fair game; France had her interest to see Great Britain dismembered and weakened, but not herself to fight other people's battles; the colonies had their interest to get France into the fight if they possibly could. It was a strictly selfish interest, and was pursued almost shamelessly. The colonial policy and the details of its execution are defensible simply on the basis that nations in their dealings with each other are always utterly selfish and generally utterly unscrupulous. By and by, when it comes to the treating for peace between England and the colonies, we shall find de Vergennes much reviled because he pursued exclusively French interests; but it will be only fair to reflect that little more can be charged against him than that he was playing the game with cards drawn from the same pack which the Americans had used in these earlier days of the war.

A matter which grew out of privateering gave Franklin much trouble. The American captains, who were cruising on the European side of the Atlantic prior to the treaty of alliance with France, had no place in which to deposit their prisoners. They could not often send them to the States, neither of course could they accumulate them on board their ships, nor yet store them, so to speak, in France and Spain; for undeveloped as were the rules of neutrality they at least forbade the use of neutral prisons for the keeping of English prisoners of war in time of peace. Meanwhile the colonial captives, in confinement just across the Channel, in the prisons at Plymouth and Portsmouth, were subjected to very harsh treatment; and others were even being sent to the fort of Senegal on the coast of Africa, and to the East Indies, whence they could not hope ever to regain their homes. Franklin immediately resolved, if possible, to utilize these assets in the shape of English sailors in the usual course of exchange. A letter was accordingly addressed by him to Lord Stormont, asking whether it would be worth while to approach the British court with an offer to exchange one hundred English prisoners in the hands of the captain of the Reprisal for a like number of American sailors from the English prisons. The note was a simple interrogatory in proper form of civility. No answer was received. After a while a second letter was prepared, less formal, more forcible in statement and argument, and in the appeal to good sense and decent good feeling. This elicited from his lordship a brief response: "The king's ambassador receives no applications from rebels, unless they come to implore his majesty's mercy." The commissioners indignantly rejoined: "In answer to a letter which concerns some of the most material interests of humanity, and of the two nations, Great Britain and the United States of America, now at war, we received the inclosed indecent paper, as coming from your lordship, which we return for your lordship's more mature consideration."

The technical position of the English in this business was that the captured Americans were not prisoners of war, but traitors. Their practical position was that captains of American privateers, not finding it a physical possibility to keep their prisoners, would erelong be obliged to let them go without exchange. This anticipation turned out to be correct, and so far justified their refusal; for soon some five hundred English sailors got their freedom as a necessity, without any compensatory freeing of Americans. Each of them gave a solemn promise in writing to obtain the release of an American prisoner in return; but he had as much authority to hand over the Tower of London, and the British government was not so romantically chivalrous as to recognize pledges entered into by foremast hands.

All sorts of stories continued to reach Franklin's ears as to the cruelty which his imprisoned countrymen had to endure. He heard that they were penniless and could get no petty comforts; that they suffered from cold and hunger, and were subjected to personal indignities; that they were not allowed to read a newspaper or to write a letter; that they were all committed by a magistrate on a charge of high treason, and were never allowed to forget their probable fate on the gibbet; that some of them, as has been said, were deported to distant and unwholesome English possessions. For the truth of these accounts it is not necessary to believe that the English government was intentionally brutal; but it was neglectful and indifferent, and those who had prisoners in charge felt assured that no sympathy for rebels would induce an investigation into peculations or unfeeling behavior. Moreover there was a deliberate design, by terror and discouragement, to break the spirit of the so-called traitors and persuade them to become real traitors by entering the English service.

By all these tales Franklin's zeal in the matter of exchange was greatly stimulated. His humane soul revolted at keeping men who were not criminals locked up in wasting misery, when they might be set free upon terms of perfect equality between the contending parties. Throughout his correspondence on this subject there is a magnanimity, a humanity, a spirit of honesty and even of honor so extraordinary, or actually unique, in dealings between diplomats and nations, that the temptation is irresistible to give a fuller narrative than the intrinsic importance of the subject would warrant. For after all there were never many English prisoners in France to be exchanged; after a while they might be counted by hundreds, but perhaps they never rose to a total of one thousand.