J. WITHERSPOON,
J. LOVELL.
TO HENRY LAURENS,
PRESIDENT OF CONGRESS.
Paris, February 16th, 1778.
Dear Sir,
I mentioned in my last letter what good effects the successes of the American arms had produced here. Nothing could have happened more seasonably. Our affairs were in a very unpromising state, and had our military operations failed, our Commissioners would not have found themselves more acceptable here than at St James’s. This, however, affords a very satisfactory reflection to every American who loves his country; which is, that she owes her liberty and happiness to her own virtuous exertions.
The Commissioners will by this opportunity send to Congress the treaty of commerce, which was signed here a few days ago. This treaty has not been much altered from the one agreed upon by Congress, in September, 1776, and transmitted to the Commissioners to be proposed to the Court of France. The principal alteration is that respecting molasses. The 12th article in the original treaty requires, that “no duty shall be imposed on the exportation of molasses from any of the Islands of The Most Christian King, in the West Indies, to any of the United States.” When this proposition was made to the French Ministry, it was objected, that this would be laying the king under a disagreeable restraint, and would be in fact making him not master in his own dominions; but that the States might be perfectly easy on that point, as it was inconsistent with the policy of France ever to lay a duty on molasses. One of the Commissioners still discovered a great inclination to have the article inserted in the treaty, and the Ministry believing from this circumstance, that Congress had made a point of it, thought it a good opportunity to secure an exemption of all duty upon tobacco exported to every part of the French dominions, and proposed it as an equivalent. The Commissioners objected to any particular article being selected, lest it might be complained of as a partiality, and offered to exempt from duty not only tobacco but every other production of the United States, that should be exported to the West Indies, provided molasses should be exempted from duty. This was so advantageous a proposal, that it was immediately accepted by them.
While this matter was depending, it appeared to me, that a very disadvantageous bargain was about to be made on our part, and I did every thing in my power to prevent it. Mr Lee, and his brother, who is Commissioner for the Court of Vienna, agreed with me perfectly in opinion. The execution of the treaty being left entirely to the Commissioners at this Court, neither Mr William Lee nor I had any vote in the business. Dr Franklin and Mr Deane continuing determined to have the molasses exempted from duty, the article was agreed to, and now forms part of the treaty. I understand, however, that if Congress objects to it, there is a verbal promise on the part of France, that it shall be expunged.
Mr Lee has received a commission for the Court of Madrid; and the successes of America have once more put the French Ministry into good humor, so that our affairs will I hope now go well. My gout, which has been very severe, is a great deal better, and as soon as the weather grows a little milder, I intend setting out for Italy.
Ships have been despatched to America, without the least notice given to me, that I might get my letters ready; intelligence received from Congress, whatever the nature of it, has never been communicated to me but by report, and when the important news of General Burgoyne’s surrender was received, Dr Franklin and Mr Deane did not think proper to give me any information about it, though I was confined to my bed. It did not seem decent, that such an event should be communicated to me from any other quarter. These circumstances you will allow to be not very agreeable. I was determined, however, not to quarrel; it seemed to me better to bear with them, than to risk an addition to those animosities, which I have already mentioned, and which I am convinced have been very prejudicial to our public affairs. That there might, however, be no excuse for the continuance of such conduct, I wrote a note to Dr Franklin, appointed an interview, and with studied moderation, mentioned such parts of his conduct as I disapproved of. He acknowledged everything, apologized for everything, and promised, that in future I should have no reason to complain. He has not thought proper to be so good as his word, and his proceedings since have been more exceptionable than before. As far as he and Mr Deane have had it in their power, they have concealed from Mr William Lee and me every proceeding respecting the treaty of commerce, which has for some time been negotiating, and I heartily wish they had carried it through without my having occasion to interfere. I thought it my duty so to do, and have sent you my letter to Dr Franklin on the subject, with his trifling answer, and my reply.[64] This is all that has passed between us on the business, and the only satisfaction that I have in the matter is, that the French Minister has, in consequence of this correspondence, given the verbal promise already mentioned.