His arrival and theirs, and the arrival of some other prizes which had been taken early in the year by other privateers, opened all the questions regarding neutrality, which recently, in our civil war and afterwards, made the history of the cruiser "Alabama" so important a feature in modern international law. France made no treaty with America until the end of 1777. Till that time—indeed, until the formal rupture with England—she was under very strict treaty obligations with that power. The Treaty of Utrecht (1713) provided that "it shall not be lawful for any foreign Privateers to fit their ships in the Ports of one or the other of the aforesaid Partys, to sell what they have taken, or in any manner whatever to exchange either Ships, Merchandises, or any other Ladings." Wickes was annoyed and provoked at the treatment he received from French officials, who pretended to observe the obligations by which the French king was thus bound. But he succeeded in going to sea again, and made a successful cruise around Ireland, taking several prizes.[1242]
The French people looked with great satisfaction on such captures. But war was not yet declared with England by France, and the French cabinet knew perfectly well that the act of Wickes involved a flagrant violation of French neutrality. The fitting out war-vessels in French ports was not only wrong, under a fair construction of international law, but the king of France had specially waived all right to harbor privateers of foreign powers—unless they were in actual distress—by these special articles in this treaty. Wickes could never understand this. He knew that France was sending munitions of war to his countrymen. Why should France not permit him to bring his prizes into French ports to sell? And the temptation was great. Once and again he slipped out to sea; and he sent in one and another prize. But at last Vergennes, the French minister, could bear it no longer. Poor Wickes's last letters show how strong the hand of France was, even upon her friends.[1243]
All the diplomacy of Franklin, the good-nature of Vergennes, and the real sympathy of the French people could not forever prevail. Wickes was at last ordered squarely to make ready for America, and did so. But, alas! the refitting seems to have been incomplete, and he never reached the United States. His vessel was lost off Newfoundland, and only one man was saved.
The other name which should rank with those of Jones and Wickes as one of those early naval heroes who in a courageous though fitful manner kept the stars and stripes afloat in European waters, and infested the English shores to the annoyance of their merchant marine and the terror of the maritime towns, is that of Gustavus Conyngham. In the spring of 1777, before Wickes had rendered himself so utterly obnoxious to the French ministry as he afterwards did—before the complaints of Lord Stormont had received much attention, Silas Deane, ever on the lookout for the accomplishment of some successful naval enterprise, took thought with William Hodge, a Philadelphia merchant, and planned what was to be the boldest raid yet made upon the English shipping. A lugger was purchased at Dover and sent around to Dunkirk, that old nest of smugglers and privateersmen. She was fitted out with an armament and crew, and given, with the name of the "Surprise", to Gustavus Conyngham, for a raid on the English marine. The expedition was partly public and partly private in its nature. Conyngham was, however, an officer in the navy, for he was furnished with one of the blank commissions given the commissioners for that very purpose, signed by John Hancock, president of Congress. This point was of some importance to him afterwards, when he was accused by the English of piracy. The charge was groundless. The commissioners had received power to create officers in the navy of the United States, by virtue of these blank commissions, which were to be filled out to suit the circumstances. Conyngham sailed from Dunkirk with instructions to cruise in the British Channel for merchant vessels, and to look particularly for the "Prince of Orange" packet from Harwich. He was fortunate. On one of the very first days of the cruise he came across the packet, captured her without a blow, and then made sail with his prizes for Dunkirk. He had also taken a brig.
But this breach of French neutrality was too shameless. A storm of English complaint compelled the French court to take firmer measures than they may have desired. Conyngham and his crew were put in prison, the lugger was confiscated, the prizes were returned. The French, indeed, went so far that the English government, quite deceived by their great zeal, sent over vessels to bring to England Conyngham and his crew to be tried for piracy. But to this point the French could not quite go.
The affair caused great excitement in England. It was so unexpected, so bold, so audacious, that no one could tell what would come next. As a consequence, insurance rose quickly. British ships were no longer considered safe, even in the English Channel. There were at one time in the Thames as many as forty French vessels loading with English merchandise, while it is said that ten per cent. was sometimes paid as insurance for the short passage between Dover and Calais. Although the measures of the French government tended to quiet apprehension, it was some little time before confidence was restored.
Meanwhile, the planners of the first scheme had resolved to repeat the outrage. Another cutter was bought, again at Dover, and equipped with fourteen sixes and twenty-four swivels. Conyngham's release was obtained through the courtesy of the French ministry, and that of his crew, by the representation that they were to sail upon a trading voyage. Mr. Hodge himself went surety for the truth of this statement. The French court did not like the business; they would have preferred that the expedition should be abandoned, and they offered to purchase the cutter of its owners. But it was declared to the ministers that the voyage was for trading purposes only, and that the owners would suffer serious loss if it were not allowed to proceed, and they gave way. The business is not a clear one. It seems evident that the French suspected that all was not as it should have been, but that they were deceived as to the real object of the expedition. It is not probable that they desired to blind themselves to the truth, for they were at this time in a delicate position with England through the operations of Wickes, Johnston, and Nicholson, and there was but little in the aspect of American affairs that would have tended to make them consider an alliance with the United States with such seriousness as to be willing to allow the English ministry to have more cause for complaint than could be helped. However this was, Conyngham sailed in the "Revenge" on the 18th of July for another cruise, by no means a trading voyage. In this case, also, although the ship was undoubtedly fitted out in a measure by private parties, Conyngham himself sailed with a regular commission. His former one had been taken from him when he was imprisoned, and sent to Versailles, and was never heard of again. This second commission was drawn on one of the blanks with which the commissioners were furnished.
This cruise was even more successful than the former, although no such capture was made as that of the Harwich packet. Conyngham made prize of several ships, alarmed the English merchant marine again, threatened the English coast, actually refitted his vessel in an English port, having made his way thither in disguise, and escaped with safety to Spain in course of time. Most of his prizes were disposed of to the benefit of the United States government as well as of the private parties concerned. There was more English complaint in Paris, but nothing actually came of it beyond the imprisonment of Mr. Hodge in the Bastille. But he was shortly released on such representations by the commissioners as seem to have satisfied the French court.
Captain Johnston does not appear among the twenty-four captains first commissioned by Congress; but in the spring of 1777 he took the "Lexington" across to Europe, and arrived there in April. With the "Dolphin", under Lieutenant Nicholson, a brother of Nicholson who was senior captain, he went to sea under Wickes's command in the cruise which has been described. But in a second cruise fortune failed him. He engaged the "Alert", an English man-of-war cutter of force somewhat less than his own; but after a long action, having expended all his ammunition, he was obliged to surrender. It is said that his little vessel was the first to bear the American flag in an ocean victory. She had already been taken once, and once recaptured by her own crew, after they had been placed under an English prize crew. She had taken many prizes, and had won for herself a reputation in both hemispheres in only one year and eight months, which comprise all her American service.