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The Diplomatic Correspondence of the American Revolution, Vol. I
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B. HARRISON, R. MORRIS, T. HAYWARD, J. LOVELL.

* * * * *

COUNT DE VERGENNES TO THE COMMISSIONERS.

Translation.

Versailles, 16th July, 1777.

Gentlemen,

You cannot forget, that at the first conversation I had with both of you, I assured you, that you should enjoy in France, with respect to your persons, every security and comfort, which we showed to foreigners; and as to your commerce and navigation, we would grant every facility compatible with the exact observation of our treaties with England, which the king's principles would induce him religiously to fulfil. In order to prevent every doubt, with respect to the vessels that may participate in the favors, which we grant in our ports to nations in amity, I pointed out to you the article of the treaty, which forbids the power of allowing privateers free access into our ports, unless through pressing necessity, as also with respect to the deposit and sale of their prizes. You promised, gentlemen, to conform thereto.

After so particular an explanation, we did not press the departure of the ship Reprisal, which brought Mr Franklin to France, because we were assured it was destined to return with merchandise. We had quite lost sight of this vessel, and imagined she was in the American seas, when, with great surprise, we understood that she had entered L'Orient, after taking several prizes. Orders were immediately given, that she should depart in twentyfour hours, and to conduct her prizes to the only admiralties, that were authorised to judge of their validity. Captain Wickes complained of a leak. Being visited by proper officers, his allegation was found to be legal, and admissible, the necessary repairs were permitted, and he was enjoined to put to sea again.

After such repeated advertisements, the motives of which you have been informed of, we had no reason to expect, gentlemen, that the said Mr Wickes would prosecute his cruising in the European seas, and we could not be otherwise than greatly surprised, that, after having associated with the privateers, the Lexington and Dolphin, to infest the English coasts, they should all three of them come for refuge into our ports. You are too well informed, gentlemen, and too penetrating, not to see how this conduct affects the dignity of the king, my master, at the same time it offends the neutrality, which His Majesty professes. I expect, therefore, from your equity, that you will be the first to condemn a conduct so opposite to the duties of hospitality and decency. The king cannot dissemble it, and it is by his express order, gentlemen, that I acquaint you, that orders have been sent to the ports, in which the said privateers have entered, to sequester, and detain them, until sufficient security can be obtained, that they shall return directly to their country, and not expose themselves, by new acts of hostility, to the necessity of seeking an asylum in our ports.

As to the prizes they may have taken, if they have brought them into our ports, they have orders to go out immediately, and the same conduct shall be observed towards any capture of any nation whatever. Such are the obligations of our treaties, conformable to our marine ordinances, which the king cannot by any means evade. It will be highly proper for you to make these intentions known, wherever you may think it most expedient, so that new privateers, from the example of the misconduct of those against whom we are obliged to be rigorous, may not expose themselves to the like embarrassments.

What I have the honor to inform you, gentlemen, of the king's disposition, by no means changes the assurances which I have been authorised to make you, at the time of your arrival, and which I again renew, for the security of your residence, and of all such of your nation whom it may suit to reside among us, as well as with respect to the commerce allowed of, which will meet with every facility on our part, that our laws and usages will permit.

I have the honor to be, &c.

DE VERGENNES.

* * * * *

TO COUNT DE VERGENNES.

Paris, 17th July, 1777.

Sir,

We are very sensible of the protection afforded to us, and to our commerce, since our residence in this kingdom, agreeable to the goodness of the king's gracious intentions, and to the law of nations; and it gives us real and great concern, when any vessels of war appertaining to America, either through ignorance or inattention, do any thing that may offend His Majesty, in the smallest degree. The Captains Wickes, Nicholson, and Johnson, have excused to us their returning to France, being chased into the channel, and close to your ports, by English men of war, of the truth of which we have no doubt, the Reprisal, particularly, having been obliged to throw her guns overboard, to facilitate her escape.

We had, some days before we were honored by your Excellency's letter, despatched by an express the most positive orders to them, to depart directly to America, which they are accordingly preparing to do, as your Excellency will see by the letter enclosed, which we have just received by the return of that express. We shall communicate His Majesty's orders to our friends residing in your ports, and acquaint the Congress with the same, to the end, that our armed vessels may be warned of the consequence that must attend an infringement of them. We doubt not but they will be henceforth strictly attended to; and we are willing and ready to give any security your Excellency may judge sufficient and reasonable, that, after being fitted and provisioned for so long a voyage, these vessels shall proceed directly to America, without making any other cruise on the coasts of England. We are thankful for the repeated assurances of His Majesty's protection continued to us, and such of our nation as may reside in France, and for the facilities indulged to our commerce, at this critical conjuncture, which will always be remembered in our country, with gratitude and affection.

We have the honor to be, &c.

B. FRANKLIN, SILAS DEANE.

* * * * *

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Philadelphia, August 7th, 1777.

Gentlemen,

Enclosed are duplicates of commissions and instructions for William Lee and Ralph Izard, and triplicates of our former despatches.

Since our last, of July 3d, various circumstances have happened in the military department, many of which are so intricate and unfinished, as not to enable us to draw any just conclusions from them.

Immediately after the unsuccessful attempt made by General Howe, June 26th, to cut off a detachment of our army, under General Sterling, as mentioned in our last, the whole body of the enemy retreated to Staten Island, embarked on board their fleet, and on the 23d of July put to sea; on the 27th, they appeared off the Capes of Delaware. General Washington, with the army, arrived at Germantown on the 29th. On the 31st, the enemy's fleet stood out to sea. They made a second appearance at the Capes, since which we have had no account of them. As this packet goes from the eastward, you will probably be furnished with something further from that quarter.

Our worst news is, that we have lost Ticonderoga, whether by neglect or necessity, cowardice or good conduct, will appear hereafter. Congress have ordered General Gates to that department, and have directed Generals Schuyler and St Clair to appear at head quarters, that an inquiry may be made into their conduct, and the circumstances of this mysterious affair. In the papers of July 16th, 23d, August 5th and 6th, you have Generals Schuyler's and St Clair's letters, and the resolves of Congress. We have been fortunate enough to take, and so unfortunate as to lose again, the Fox frigate. She was taken by the Captains Manly and McNeil, but two heavy English ships being in sight when she struck, she was afterwards retaken by them.

Major General Prescott, who commanded the enemy's forces at Rhode Island, was seized and made prisoner by a small party under Lieutenant Colonel Barton, as you may see by General Washington's letter to Congress, printed July 23d. The Congress have presented Colonel Barton with a sword, and likewise Lieutenant Colonel Meigs with another; this officer having performed a gallant exploit on Long Island, bringing off nearly a hundred prisoners, and destroying a large quantity of forage.

Were it not for the Ticonderoga affair, we should have nothing but good news to communicate; and even that may turn out in the end a lucky circumstance to the general cause, as did the attempt of the enemy to march through the Jerseys last winter. We have a fine healthy army, anxious for nothing so much as to meet their foes. Surely it must appear very ridiculous in Europe that General Howe should be thus shunning the army he came out to conquer, and wasting his time in cruising upon the coast with his whole fleet, at this hot season of the year, when the ministry in England, and perhaps Lord Stormont at Paris, have given out that he has penetrated a hundred miles or more into the country.

We are, with great regard, gentlemen,

Your most humble servants,

BENJAMIN HARRISON, ROBERT MORRIS, JAMES LOVELL.

* * * * *

TO COUNT DE VERGENNES.

Versailles, August 12th, 1777.

Sir,

We understand, with great surprise, that one of our countrymen, Mr Hodge, a merchant of Philadelphia, is apprehended at Paris, with all his papers, and carried away by the officers of police.

As Mr Hodge is a person of character, connected with the best houses in our country, and employed here by a committee of Congress to purchase goods, we cannot conceive him capable of any wilful offence against the laws of this nation. Our personal regard for him, as well as the duty of our station, obliges us to interest ourselves in his behalf, and to request, as we do most earnestly, that he may be immediately restored to us.

We have the honor to be, &c.

B. FRANKLIN, SILAS DEANE, ARTHUR LEE.

* * * * *

Messrs Franklin and Deane's Contract with M. Holker.

We the undersigned acknowledge that we have authorised M. Holker to treat with Messrs Sabatier & Despres, for five thousand coats, waistcoats, and breeches, of which, two thousand five hundred coats are to be blue, and two thousand five hundred brown, with facings, linings, and collars of red, the waistcoats and breeches to be white, agreeably to the present treaty, and to the same clauses and conditions therein stipulated. Done at Paris, the 15th of August, 1777.

B. FRANKLIN, SILAS DEANE.

The present contract done and signed in duplicates to be faithfully executed on both sides, agreeably to its tenor and form. Paris, 6th of August, 1777.

MONTIEU. SILAS DEANE, for B. Franklin and self.

Amount of sundry Articles of Merchandise mentioned in the above Contracts;

6000 coats, complete, at 37 livres ea. 222,000 12000 pair woollen stockings, 30 pr. doz. 30,000 100,000 lbs. of copper, 27 pr. lb. 135,000 22,000 " sheet copper and nails, 33 pr. lb. 36,300 20,000 " English tin, 17 the c't w't 17,000 4 million flints, 4 pr. 100 16,000 ———- 456,300

Sum total, four hundred fifty six thousand three hundred livres, errors and omissions excepted.

* * * * *

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, 8th September, 1777.

Gentlemen,

It is long since we had a line from you, the last received being of the date of ——, we suppose from the same causes which have occasioned your hearing so seldom from us, the difficulty of finding safe conveyances, and sometimes the loss of the despatches by the way. Mr Lee informs you, we suppose, of his negotiations in Prussia, and his safe return hither. There appears in that, as well as in every other country in Europe, a disposition to share in our commerce, and to oblige us as far as may be done without offending England. We have numbers of letters from eminent houses there, proposing to furnish us with a variety of commodities, at reasonable rates, to be received by us in Europe, and paid for here. We advise them to send their goods in their own ships, and protect their own trade to and from our coasts.

We enclose you a copy of the memorial[40] we sent to Portugal, to which we have yet received no answer. That Court has been lately much employed in adjusting its differences with Spain, which it is said are now nearly all accommodated, and that they will accede to the family compact.

This Court continues the same conduct that it has held ever since our arrival. It professes to England a resolution to observe all treaties, and proves it by restoring prizes too openly brought into their ports, imprisoning such persons as are found to be concerned in fitting out armed vessels against England from France, warning frequently those from America to depart, and repeating orders against the exportation of warlike stores. To us it privately professes a real friendship, wishes success to our cause, winks at the supplies we obtain here, as much as it can without giving open grounds of complaint to England, privately affords us very essential aids, and goes on preparing for war. How long these two parts will continue to be acted at the same time, and which will finally predominate, may be a question. As it is the true interest of France to prevent our being annexed to Britain, that so the British power may be diminished, and the French commerce augmented, we are inclined to believe the sincerity is towards us, more especially as the united bent of the nation is manifestly in our favor; their not having yet commenced a war is accounted for by various reasons. The treaties subsisting among the powers of Europe, by which they are obliged to aid those attacked more than those attacking, which it is supposed will make some difference, the not being fully prepared, the absence of their seamen in their fishery and West Indies, and the treasure expected from New Spain, with the sugars from the Islands, have all, it is said, contributed to restrain the national desire of a breach with England, in which her troublesome power may be reduced, the wealth and strength of France increased, and some satisfaction obtained for the injuries received, in the unfair commencement of the last war.

England too is extremely exasperated at the sight of her lost commerce enjoyed by France, the favor our armed vessels have met with here, and the distress of their remaining trade, by our cruisers, even on their own coasts; and yet she seems afraid of beginning a war with this country and Spain together, while she has our war upon her hands. In such a situation, some accident may probably bring on a war, sooner than is desired by either party. In the mean time, perhaps the delay may have this good effect for us, that enjoying the whole harvest of plunder upon the British commerce, which otherwise France and Spain would divide with us, our infant naval power finds such plentiful nourishment, as has increased, and must increase its growth and strength most marvellously.

It gave us great joy to hear of the arrival of the Mercury, Amphitrite, and other vessels carrying supplies. Another ship, with a similar cargo, which had long been detained at Marseilles, we hope will soon arrive with you. We hope, also, that you will receive between twenty and thirty thousand suits of clothes, before winter, and from time to time quantities of new and good arms, which we are purchasing in different parts of Europe. But we must desire you to remember, that we are hitherto disappointed in your promises of remittance, either by the difficulties you find in shipping, or by captures, and that though far short of completing your orders, we are in danger of being greatly embarrassed by debts, in failing in performance of our contracts, and losing our credit with that of the Congress; for though we have received three quarterly payments of the two millions of livres, formerly mentioned to you, and expect the last next month, our contracts go beyond, and we must reserve the continuance of that aid, for the purpose it was promised, to answer your drafts for interest, if that proposal of ours has been adopted. Particularly we beg you will attend to the affair of tobacco for the Farmers-General, with whom we have contracted to supply five thousand hogsheads of tobacco, for which they have advanced us one million of livres, in ready money, and are to pay the rest on delivery, as we formerly advised you. Your vigorous exertions in these matters are the more necessary, as during the apparent, or supposed uncertainty of our affairs, the loan we were directed to obtain of two millions sterling has hitherto been judged impracticable.

But if the present campaign should end favorably for us, perhaps we may be able to accomplish it another year, as some jealousy begins to be entertained of the English funds by the Dutch, and other monied people of Europe, to the increase of which jealousy, we hope a paper[41] we have drawn up, (a copy whereof we enclose) may in some degree contribute when made public.

Mr Deane has written fully to you on the effect our cruisers have had on the coast and commerce of Britain, which makes our saying much on that head unnecessary.[42] We cannot, however, omit this opportunity of expressing our satisfaction in the conduct of the Captains, and of recommending them warmly to Congress. The ostensible letter and answer from and to the Minister of Foreign Affairs, copies of which we enclose,[43] will show the conduct which the Court has thought, and thinks itself at present obliged to hold with regard to our cruisers and their prizes, of which it seems fit some notice should be given to the several States. As the English goods cannot in foreign markets face those of the French or Dutch, loaded as they are with the high insurance from which their competitors are exempted, it is certain the trade of Britain must diminish while she is at war with us, and the rest of Europe in peace. To evade this mischief, she now begins to make use of French bottoms; but as we have yet no treaty with France, or any other power that gives to free ships the privilege of making free goods, we may weaken that project, by taking the goods of the enemy wherever we find them, paying the freight. And it is imagined that the Captains of the vessels so freighted may, by a little encouragement, be prevailed on to facilitate the necessary discovery.

Spain not having yet resolved to receive a minister from the Congress, Mr Franklin still remains here. She has, however, afforded the aids we formerly mentioned, and supplies of various articles have continued till lately to be sent consigned to Mr Gerry, much of which we hear has safely arrived. We shall use our best endeavors to obtain a continuance and increase of those aids.

You will excuse our mentioning to you, that our expenses here are necessarily very great, though we live with as much frugality as our public character will permit. Americans, who escape from English prisons, destitute of every thing, and others who need assistance, are continually calling upon us for it, and our funds are very uncertain, having yet received but about 64,571 livres, of what was allotted for our support by Congress.

With the greatest respect, we have the honor to be, &c.

B. FRANKLIN, SILAS DEANE, ARTHUR LEE.

FOOTNOTES:

[40] Missing.

[41] Missing.

[42] See Mr Deane's letter above, p. 105, dated August 23d, 1777.

[43] See the two preceding letters of July 16th and 17th.

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FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Yorktown, 6th October, 1777.

Gentlemen,

Since ours to you, by return of the packet from New Hampshire, and duplicates by Mr McCreary, from Maryland, we have not written, nor have we received any of your favors during the last two months, except a letter of old date, (April 19th) signed by Messrs Deane and Lee. Captain Hammond being not yet arrived, although he sailed in April, it is too probable that he has fallen into the enemy's hands, or miscarried at sea.

Two reasons have prevented us from writing hitherto; because from your assurances we had cause to expect a monthly packet, and because the progressive state of the war gave us reason to look for some more decisive event daily, than had happened, and which might warrant the expense of sending a particular packet, as the casual conveyance by merchant vessels is almost entirely stopped by the number and vigilance of the enemy's cruisers.

We shall now give you an accurate detail of the war in the northern and middle departments, where alone it has raged since our last. You were before apprized of the evacuation of Ticonderoga, and of the retreat of our army from thence towards Albany. General Burgoyne was rapid in pursuit of his successes, and pressed quickly on towards fort Edward, upon Hudson's river, about twenty miles above Albany. Here his progress was interrupted by the American army, being halted and reinforced a little below him. This circumstance, with the following events, have continued that interruption, and bid fair to render abortive, at least, the great advantages expected by our enemies from their first successes on the lakes.

The better to effect his purpose, General Burgoyne had detached General St Leger with a body of regular troops, Canadians and Indians, by the Oneida Lake and Wood Creek, to take fort Schuyler, (formerly Stanwix) and to make an impression along the Mohawk river. This part of his plan has been totally defeated by the bravery of General Herkimer, with the Tryon county militia, and by the gallant defence of fort Schuyler, by Colonel Gansevoort and Lieutenant Colonel Willet. The former of these met the enemy in the field, defeated them, and killed a great number of their Indian allies. This defeat being obtained by militia, they dispersed as usual, and left the enemy to collect and lay siege to fort Schuyler, which was defended with great gallantry by the two officers above mentioned, until the approach of General Arnold, with a body of troops, occasioned the enemy to raise the siege of that fortress and retreat with great precipitation, leaving their baggage, ammunition, provisions, and some of their artillery, which fell into our hands. Another body of troops was detached by General Burgoyne, under command of Lieutenant Colonel Baum, to the eastward, for the purpose of collecting horses to mount the troopers, provisions, and teams, for the use of the army. This detachment was met, attacked, and defeated by the brave General Stark, and the New Hampshire militia, at a place called Bennington, and now rendered famous by the total overthrow of fifteen hundred regular troops, (posted behind works fortified with cannon,) by two thousand militia.

The two wings of General Burgoyne being thus cut off, his body remained inactive until the 19th of last month, when he moved on to attack General Gates, who commands the northern army, and who was well posted at Behmus's Heights. The consequence of this attack, you will see related by General Gates himself, among the enclosed papers, as well as the account of our successes in the rear of the enemy, on the lakes George and Champlain, by Colonel Brown, who had been detached by General Lincoln, who is also in General Burgoyne's rear, with a strong body of troops. Surrounded, as it is on all sides, with little prospect of safe retreat, and a strong army in front, growing stronger every day by reinforcements, we hope, ere long, to give you information of definitive success over the British army in that quarter. An Aid of General Gates, who brought us these last accounts, says, that by the concurring testimony of prisoners, deserters, and some of our own people, who escaped from the enemy, their loss could not be less than one thousand, or twelve hundred men, in killed, wounded, and missing; and that General Burgoyne himself was wounded in the shoulder by a rifle ball.

In the middle department, the war has been less favorable to us, as you will see by what follows. About the middle of August, the British fleet appeared in the Chesapeake Bay, and landed General Howe's army at the head of Elk, about fifty miles from Philadelphia. General Washington's army, which had crossed the Delaware on the embarkation of the British troops, and the appearance of the fleet off the Capes of that river, now proceeded to meet the enemy, and came up with them near Wilmington. After various skirmishes and manoeuvres, a general engagement took place at Chad's Ford, over the Brandywine, on the 11th of September last. This battle terminated in our leaving the enemy in possession of the field, with nine pieces of our artillery. Our loss in killed, wounded, and missing, did not exceed six hundred; that of the enemy, as far as we have been able to get information, was near two thousand. An orderly, taken from them since the battle, makes it nineteen hundred.[44]

General Washington retreated across the Schuylkill, and, having refreshed his army, recrossed that river in two days after the former battle, with design to attack the enemy, who remained close by the field of action until he came up with them again. To be the better prepared for battle, and to be guarded against the consequences of defeat, our army marched without baggage, and left their tents behind. In this situation, and just in the moment of beginning an attack upon the enemy, a heavy, long continued, and cold rain, with high wind, came on and prevented it. The ammunition in the cartridge boxes was all rendered unfit for use, the arms injured, and the troops a good deal hurt and dispirited.

In this state of things, it became necessary to retire from before the enemy to a place of safety, in order to clean the arms, replace the cartridges, and refresh the men. The enemy were also without tents; but they have good blankets, are better clothed, and have tin receptacles for keeping dry their cartridges. General Howe, judging of our situation, put his army in motion, and endeavored to harrass and distress us, by marches, countermarches, and frequent shows of designing to give battle. After a variety of manoeuvres, the enemy crossed the Schuylkill below our army, and marching to Philadelphia, have possessed themselves of that city. General Washington, having refreshed his men, and being reinforced, is moving now towards the enemy. This unfortunate rain has injured our affairs considerably, by having thrown a number of our men into hospitals, and by the distress and harrassment of the army, consequent thereupon. However, they are recovering again, and we hope before long will give General Howe reason to repent his possession of Philadelphia. The real injury to America, from the enemy's possession of that city, is not so great as some are apt at first view to imagine, unless the report and misconceptions of this matter in Europe, should too much dispirit our friends and inspirit our enemies. But we rely on your careful and just representation of this matter, to prevent the ill impressions which it may otherwise make. When this contest first began, we foresaw the probability of losing our great towns on the water, and so expressly told our enemies, in the address of the first Congress; but we are blessed with an extensive sea coast, by which we can convey and receive benefits independent of any particular spot. But it is very far from being a clear point to us, that the enemy will be able to hold Philadelphia, as we are yet masters of the Delaware below, and have hopes of keeping it, so as to prevent the British fleet from getting up to the city. Should this be the case, General Howe's visit cannot be of long duration.

You say that the vessels of the United States will be received at the Havanna, as those of France, the most favored nation. We wish to be exactly informed whether North American products may be carried thither, or prizes be taken to, and disposed of, in that port, or any other ports of his Catholic Majesty in America. You likewise mention a late draught of the Mississippi, taken for the government of Great Britain; we are desirous of being furnished with a copy. It is with pleasure we read your assurance of sending the soldiers' clothing, and other materials for the army, in time to meet the approaching cold season; they will be greatly wanted.

As the small successes the enemy have met with this year will probably support the hopes of a vindictive Court, and occasion the straining of every nerve for the accomplishment of its tyrannic views, we doubt not your most strenuous exertions to prevent Great Britain from obtaining Russian or German auxiliaries for the next campaign; and we think, with you, that it is an object of the greatest importance to cultivate and secure the friendship of his Prussian Majesty, as well for the preventing this evil, as for obtaining his public recognition of our independence, and leave of his ports for the purposes of commerce, and disposal of prizes.

The original papers, which you mention, in a triplicate, to have sent, never came to hand; so that we can only make conjectures as to the disposition of that monarch. The marine force of the enemy is so considerable in these seas, and so over proportionate to our infant navy, that it seems quite necessary and wise to send our ships to distress the commerce of our enemies in other parts of the world. For this purpose, the Marine Committee have already ordered some vessels to France, under your direction as to their future operations, and more, we expect, will be sent. But our frigates are not capable of carrying much bulky commodity for commercial purposes, without unfitting them for war; besides, there is the consideration of our being obliged to get them away, how, and when we can, or endanger their being taken, which prevents our sending them to those staple Colonies, where the commodities wanted are to be obtained. The reciprocal benefits of commerce cannot flow from, or to North America, until some maritime power in Europe will aid our cause with marine strength. And this circumstance gives us pain, lest it should be construed as unwillingness on our part to pay our debts, when the truth is, that we have the greatest desire of doing so, have materials in abundance, but not the means of conveying them.

This leads us to reflect on the great advantages, which must unavoidably accrue to all parties, if France, or Spain, were to afford effectual aid on the sea, by the loan or sale of ships of war, according to the former propositions of Congress; or if the Farmers-General could be prevailed upon to receive in America the tobacco, or other products of this northern Continent, which France may want.

We are, &c. &c.

B. HARRISON, R. H. LEE, R. NORRIS, J. LOVELL.

P. S. On the 4th, an engagement between the two armies took place near Germantown, the circumstances of which may be known by the enclosed papers.

FOOTNOTES:

[44] The numbers here mentioned are greatly exaggerated. No accurate returns seem to have been made, but the loss was afterwards estimated to have been, on the part of the Americans, 300 killed, 600 wounded, and 400 prisoners, chiefly of the wounded. The British loss was about 100 killed, and 400 wounded. Holmes's Annals, 2d Ed. Vol. II. p. 265.

* * * * *

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Yorktown, 6th October, 1777.

Gentlemen,

We shall follow your example in confining this letter entirely to yours of May 26th, respecting the loan, and the mode of raising it by appropriation of vacant land. It remains doubtful yet, whether there is any vacant land not included within the charter limits of some one of the thirteen States; and it is an undetermined question of great magnitude, whether such land is to be considered as common stock, or the exclusive property of the State within whose charter-bounds it may be found.

Until this business has been determined in Congress, and approved by the States, you will readily discover the difficulty of doing anything in the way of raising money by appropriation of vacant land. We consider your proposal on this subject as of very great importance; and we shall not fail to solicit the attention of Congress thereto, whenever the pressing business of the campaign will permit.

In the mean time, we see no reason that should prevent the young nobleman, of Irish extract, from coming to America, because the suspension of the question concerning vacant lands will not obstruct his views of getting the quantity he may want either by original entry, or by purchase on the most reasonable terms, upon the frontiers of those States, where vacant lands are in abundance to be met with. We are warranted to say that such rank, as that nobleman may have when he leaves service in Europe, will be granted to him here. Congress clearly discern, with you, gentlemen, the all important concern of supporting the credit of the continental money, and with this view have proposed, as you will see by the enclosed resolves, to pay the interest of twenty millions of dollars by bills drawn on you.

This we hope will in time replenish the loan offices so effectually as, with the aid of taxation now generally taking place, to prevent the necessity of future emissions. By your letters of the 25th of May we have no doubt, but these interest bills will be paid with all due punctuality. About five millions only of the twenty voted are yet borrowed, and the interest on those five will not be drawn for in bills till near a twelvemonth.

We are, &c.

B. HARRISON, R. H. LEE, J. WITHERSPOON, J. LOVELL.

* * * * *

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, 7th October, 1777.

Gentlemen,

We received duly your despatches by Mr McCreary, and Captain Young, dated May 2d and 30th, June 13th, 18th, 26th, and July 2d. The intelligence they contain is very particular and satisfactory. It rejoices us to be informed, that unanimity continues to reign among the States, and that you have so good an opinion of your affairs, in which we join with you. We understand that you have also written to us of later dates by Captain Holmes. He is arrived at Port L'Orient, but being chased, and nearly taken, he sunk his despatches.

We are also of your sentiments, with regard to the interests of France, and Spain, respecting our Independence, which interests we are persuaded they see as well as we, though particular present circumstances induce them to postpone the measures, that are proper to secure those interests. They continue to hold the same conduct described in our last, which went by Wickes and Johnson, a copy whereof we send herewith, as Johnson is unfortunately taken. We have lately presented an earnest memorial to both Courts, stating the difficulties of our situation, and requesting that if they cannot immediately make a diversion in our favor, they would give a subsidy sufficient to enable us to continue the war without them, or afford the States their advice and influence in making a good peace.

Our present demand, to enable us to fulfil your orders, is for about eight millions of livres. Couriers, we understand, are despatched with this memorial to Madrid by both the ambassador of Spain and the minister here; and we are desired to wait with patience the answer, as the two Courts must act together. In the meantime, they give us fresh assurances of their good will to our cause, and we have just received a fourth sum of five hundred thousand livres. But we are continually charged to keep the aids, that are, or may be afforded us, a dead secret, even from the Congress, where they suppose England has some intelligence; and they wish she may have no certain proofs to produce against them, with the other powers of Europe. The apparent necessity of your being informed of the true state of your affairs, obliges us to dispense with this injunction; but we entreat that the greatest care may be taken that no part of it shall transpire; nor of the assurances we have received, that no repayment will ever be required from us, of what has been already given us, either in money or military stores. The great desire here seems to be, that England should strike first, and not be able to give her allies a good reason.

The total failure of remittances from you, for a long time past, has embarrassed us exceedingly; the contracts we entered into for clothing and arms, in expectation of those remittances, and which are now beginning to call for payment, distress us much, and we are in imminent danger of bankruptcy; for all your agents are in the same situation, and they all recur to us to save their and your credit. We were obliged to discharge a debt of Myrtle's, at Bordeaux, amounting to about five thousand livres, to get that vessel away, and he now duns us at every post for between four and five thousand pounds sterling, to disengage him in Holland, where he has purchased arms for you. With the same view of saving your credit, Mr Ross was furnished with twenty thousand pounds sterling, to disentangle him. All the captains of your armed vessels come to us for their supplies, and we have not received a farthing of the produce of their prizes, as they are ordered into other hands. Mr Hodge has had large sums of us.

But to give you some idea for the present, till a more perfect account can be rendered of the demands upon us, of what we have paid, we enclose a sketch for your perusal; and shall only observe, that we have refused no application, in which your credit appeared to be concerned, except one from the creditors of a Mr Ceronio, said to be your agent in Hispaniola, but of whom we had no knowledge; and we had reason to hope, that you would have been equally ready to support our credit, as we have been yours, and from the same motives, the good of the public, for whom we are all acting, the success of our business depending considerably upon it.

We are sorry, therefore, to find all the world acquainted here, that the Commissioners from Congress have not so much of your regard as to obtain the change of a single agent, who disgraces us all. We say no more of this at present, contenting ourselves with the consciousness, that we recommended that change from the purest motives, and that the necessity of it, and our uprightness in proposing it, will soon fully appear.

Messrs Gardoqui, at Bilboa, have sent several cargoes of naval stores, cordage, sailcloth, anchors, &c. for the public use, consigned to Elbridge Gerry. They complain, that they have no acknowledgment from that gentleman of the goods being received, though they know that the vessels arrived. We have excused it to them, on the supposition of his being absent at Congress. We wish such acknowledgments may be made, accompanied with some expressions of gratitude towards those from whom the supplies come, without mentioning who they are supposed to be. You mention the arrival of the Amphitrite and Mercury, but say nothing of the cargoes.

Mr Hodge is discharged from his imprisonment, on our solicitation, and his papers restored to him; he was well treated while in the Bastile. The charge against him was, deceiving the government in fitting out Cunningham from Dunkirk, who was represented as going on some trading voyage; but, as soon as he was out, began a cruise on the British coast, and took six sail. He is got safe into Ferrol.

We have received and delivered the commissions to Mr William Lee, and Mr Izard. No letters came with them for these gentlemen, with information how they are to be supported on their stations. We suppose they write to you, and will acquaint you with their intentions.

Some propositions are privately communicated to us, said to be on the part of Russia, for forming a commercial company at Emden. We shall put them into the hands of Mr Lee.

We do not see a probability of our obtaining a loan of two millions sterling, from any of the money holders in Europe, till our affairs are, in their opinion, more firmly established. What may be obtained from the two crowns, either as loan or subsidy, we shall probably know on the return of the couriers, and we hope we shall be able to write more satisfactory on those heads by Captain Young, who will, by that time, be ready to return.

With the greatest respect, we have the honor to be, &c.

B. FRANKLIN, SILAS DEANE, ARTHUR LEE.

* * * * *

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Yorktown, 18th October, 1777.

Gentlemen,

We have the pleasure of enclosing to you the copy of a letter from General Gates, containing the circumstances of a victory gained over General Burgoyne, on the 7th. This event must defeat the main views of General Clinton, in proceeding up Hudson's river. He has, it is true, got possession of fort Montgomery, but with much loss, as we hear. Though the enemy should boast much of this acquisition, yet we are persuaded the consequences will be very little profitable to them, as Governor Clinton, of New York, and his brother General James Clinton, are acting vigorously in concert with General Putnam, who commands in that quarter.

Our army under General Washington is numerous and in high spirits, while General Howe is busied in forming obstructions in the roads leading to the city of Philadelphia, by which he supports the hopes of keeping our troops from routing him out of his stolen quarters. The enclosed resolves need no comment from us, being sufficient of themselves to determine your conduct in the points to which they relate. It is with concern we find, that British property has lately been covered by conveyance in French bottoms, which practice pursued, and American search disliked by France, it is obvious, that the most vulnerable part of Great Britain, her commerce, will be secured against us, and that by the intervention of our professed friends. We desire, therefore, gentlemen, that you will confer with the ministers of France on this subject, and satisfy them of the propriety, and even the necessity which there is, that either this commerce should be prohibited, or that the United States be at liberty to search into, and make distinctions between the bottom and the enemy's property conveyed in that bottom.

To prevent ill impressions being made, by a number of officers who are returning to France, we think it proper to observe, that without totally deranging and risking even the annihilation of the American armies, it was not possible to provide for many of those gentlemen in the manner they wished, and which some of them had stipulated for, previous to their leaving France. We have done all in our power to prevent discontent, but no doubt there will be some, whose dissatisfactions will produce complaints, and perhaps misrepresentations. You will be guarded on this head, and represent our conduct as founded solely on the necessity of our situation.

We have the honor to be, &c.

B. HARRISON, R. H. LEE, R. MORRIS, J. LOVELL.

* * * * *

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 31st October, 1777.

Gentlemen,

We have the pleasure to enclose to you the capitulation by which General Burgoyne and his whole army surrendered themselves prisoners of war. This great event might have been still greater, had not the operations on the Hudson river, below Albany, rendered it probable, that Sir Henry Clinton might come to the relief of General Burgoyne, as he had urged his way up to within fortyfour miles of Albany, at which place were lodged the principal magazines of war and provisions for our northern army. General Gates is now moving down the north river, having sent General Stark with two thousand brave men, to reduce Ticonderoga and the passes yet occupied by the enemy on lake George.

General Howe is yet at Philadelphia, but whether he will be able to continue there, may be judged from a consideration of General Burgoyne's surrender, from the hitherto unavailing efforts of the enemy to get their fleet up to the city, from General Washington's being with a good army now near Germantown, and closing upon the enemy's lines, which run across the commons by Philadelphia, as we are informed, from Delaware to Schuylkill.

After many smaller attempts had been made in vain, upon fort Island and the chevaux de frize, a general and very powerful attack was made upon the 22d and 23d of this month, on Red Bank, by twelve hundred Hessians, and on Fort Island, by several ships of war, which approached as near as the chevaux de frize would admit, and by fire from batteries erected on Province Island. The Hessians were led on by Count Donop, Colonel Commandant. They attempted the place by storm, and were repulsed with the loss of seventy dead on the spot, and seventyeight prisoners wounded; among the latter, are Colonel Donop, and his aid major. Among the former, are a Lieutenant Colonel, and some inferior officers. From the ships and Province Island batteries, a furious cannonade was long continued, and warmly returned by fort Mifflin and the gallies. At length the ships were obliged to retire with the loss of two, which the enemy set on fire themselves, and which were thus blown up. These two are said to be the Augusta, of sixtyfour guns, and the Liverpool frigate. The names of the ships we cannot be sure of yet, but, that two men of war were destroyed is certain, and being desirous of giving you the most early information of the great events at the northward, we shall be more particular about the Delaware business hereafter. We rely on your wisdom and care to make the best and most immediate use of this intelligence, to depress our enemies, and produce essential aid to our cause in Europe.

The public acknowledgment of the independence of these United States, would be attended with beneficial consequences, and whilst we proceed with diligence and care to profit from our advantages, we are sensible how essential European aid must be to the final establishment and security of American freedom and independence. We are in daily expectation of hearing from you, which we have not done since May last.

As some of our frigates are ordered to France, under your after direction, we hope to hear in due time, that more effectual distress has been conveyed to the commerce of our enemies. It is a pity that some of their towns should not be made to suffer for the licentious conflagrations, which have been kindled by them in America.

We have the honor to be, &c.

R. H. LEE, J. LOVELL.

* * * * *

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 8th November, 1777.

Gentlemen,

At the time this will be delivered to you, bills of exchange will also be presented for your acceptance, drawn by Henry Laurens, of Charleston, South Carolina, who was elected President of the Continental Congress, on the first day of this month, of which we thought proper to give you thus early information, that you may duly honor his draughts, the particulars of which we shall forward speedily by another opportunity, concluding with much regard, &c.

R. H. LEE, J. LOVELL.

* * * * *

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, 30th November, 1777.

Gentlemen,

In a former letter we acquainted you that we had engaged an officer, one of the most skilful in naval affairs this country possessed, to build us a frigate in Holland, on a new construction (drafts of which we sent you) and to go over in her to America, and enter your service. The frigate is almost finished. She is very large, is to carry thirty 24 pounders, on one deck, and is supposed equal to a ship of the line. But the infinite difficulties we find in equipping and manning such a ship in any neutral port, under the restrictions of treaties, together with the want of supplies from you, have induced us to sell her to the king, who, by a large pension offered to our officer, has engaged him to remain in his service, and pays us what we have expended on her.

We have built a small frigate at Nantes, which we hope to get away soon, laden with supplies of various sorts. We meet with difficulties too in shipping arms and ammunition in her, but hope they will be surmounted. Several other vessels, some under the direction of Mr Ross, others belonging to French merchants, are almost ready to sail for America, and we had thoughts of sending them in a little fleet, under convoy of the Raleigh, and Alfred, but on consultation, considering the spies maintained by England in all the ports, and thence the impossibility of making up such a fleet, without its being known, so as to give time for a superior force to be in wait for it, we concluded the chance better of their going off singly, as they should be ready. In these vessels are clothes, ready made, for thirty thousand men, besides arms, cloths, linens, and naval stores to a great amount, bought up by us and Mr Ross. The private adventures will also be very considerable. And as we shall continue our endeavor to complete your orders, we hope that if the ships have common success in passing, you will be better provided for the next campaign, than you have been for any of the preceding.

How we are enabled to make these supplies, must be a matter of some surprise to you, when you reflect that little or nothing from you has been received by us, since what came by Captain Wickes, till now by the arrival of the Amphitrite, and that the seeming uncertainty of your public affairs has prevented hitherto our obtaining the loan proposed. We have however found, or made some friends, who have helped, and will, we are confident, continue to help us.

Being anxious for supporting the credit of Congress' paper money, we procured a fund for payment of the interest of all the Congress had proposed to borrow. And we mentioned in several of our letters, that we should be ready to pay all bills drawn for the discharge of such interest, to the full value in money of France, that is, five livres for every dollar of interest due. We were persuaded, that thus fixing the value of the interest would fix the value of the principal, and consequently of the whole mass. We hope this will be approved, though we have yet no answer. We cannot apply that fund to any other purpose, and therefore wish to know as soon as may be, the resolution of Congress upon it. Possibly none of those letters had reached you, or your answers have miscarried; for the interruptions of our correspondence have been very considerable. Adams, by whom we wrote early this summer, was taken on this coast, having sunk his despatches. We hear that Hammond shared the same fate on your coast. Johnson, by whom we wrote in September, was taken, going out of the channel, and poor Captain Wickes, who sailed at the same time, and had duplicates, we just now hear foundered near Newfoundland, every man perishing but the cook. This loss is extremely to be lamented, as he was a gallant officer, and a very worthy man. Your despatches also, which were coming by a small sloop from Morris's River, and by the Mere Bobie packet, were both sunk, on those vessels being boarded by English men of war.

The Amphitrite's arrival, with a cargo of rice and indigo, near one thousand barrels of the one, and twenty of the other, is a seasonable supply to us for our support; we not having for some time past, (as you will see by our former letters) any expectations of further supplies from Mr Morris; and though we live here with as much frugality as possible, the unavoidable expenses, and the continual demands upon us for assistance to Americans, who escape from English prisons, &c. &c. endangered our being brought to great difficulties for subsistence. The freight of that ship too calls for an enormous sum, on account of her long demurrage.

We begin to be much troubled with complaints of our armed vessels taking the ships and merchandise of neutral nations. From Holland, they complain of the taking of the sloop Chester, Captain Bray, belonging to Rotterdam, by two privateers of Charleston, called the Fair American and the Experiment; from Cadiz, of the taking the French ship Fortune, Captain Kenguen, by the Civil Usage privateer, having on board Spanish property; and here, of the taking the Emperor of Germany, from Cork, with beef, belonging to the marine of France, just off the mouth of Bordeaux river. We send herewith the papers we have received, and answers given, relating to those captures, and we earnestly request, that if upon fair trials it shall appear that the allegations are true, speedy justice may be done, and restitution made to the reclaimants, it being of the utmost consequence to our affairs in Europe, that we should wipe off the aspersions of our enemies, who proclaim us every where as pirates, and endeavor to excite all the world against us.

The Spanish affair has already had very ill effects at that Court, as we learn by the return of the courier mentioned in our last. We have, by letters to our correspondents at the several ports, done all in our power to prevent such mischiefs for the future, a copy of which we herewith send you. The European maritime powers embarrass themselves, as well as us, by the double part their politics oblige them to act; being in their hearts our friends, and wishing us success, they would allow us every use of their ports consistent with their treaties, or that we can make of them without giving open cause of complaint to England; and it being so difficult to keep our privateers within those bounds, we submit it to consideration, whether it would not be better to forbear cruising on their coasts, and bringing prizes in here, till an open war takes place, which, though by no means certain, seems every now and then to be apprehended on both sides; witness among other circumstances, the recall of their fishing ships by France, and the king of England's late speech. In consequence of this embarrassed conduct, our prizes cannot be sold publicly, of which the purchasers take advantage in beating down the price, and sometimes the Admiralty Courts are obliged to lay hold of them in consequence of orders from Court, obtained by the English Ambassador. Our people, of course, complain of this as unfriendly treatment; and as we must not counteract the Court in the appearances they seem inclined to put on towards England, we cannot set our folks right by acquainting them with the essential services our cause is continually receiving from this nation, and we are apprehensive, that resentment of that supposed unkind usage may induce some of them to make reprisals, and thereby occasion a deal of mischief. You will see some reason for this apprehension, in the letter[45] from Captain Babson, which we send you herewith, relating to their two prizes confiscated here for false entries, and afterwards delivered up to the British, for which, however, we have hopes of obtaining full satisfaction, having already a promise of part.

The king of England's Speech blusters towards these kingdoms, as well as towards us. He pretends to great resolution, both of continuing this war, and of making two others, if they give him occasion. It is conceived he will, with difficulty, find men and money for another campaign of that already on his hands; and all the world sees it is not for want of will, that he puts up with the daily known advantages afforded us by his neighbors. They, however, we have reason to believe, will not begin the quarrel as long as they can avoid it, nor give us any open assistance of ships or troops. Indeed, we are scarce allowed to know that they give us any aids at all, but are left to imagine, if we please, that the cannon, arms, &c. which we have received and sent, are the effects of private benevolence and generosity. We have, nevertheless, the strongest reasons to confide, that the same generosity will continue; and it leaves America the glory of working out her deliverance by her own virtue and bravery, on which, with God's blessing, we advise you chiefly to depend.

You will see by the papers, and a letter of intelligence from London, that the continuance of the war is warmly condemned in Parliament, by their wisest and best men in the debates on the Speech; but the old corrupt majority continues to vote, as usual, with the Ministers. In order to lessen their credit for the new loans, we have caused the paper, which we formerly mentioned, to be translated and printed in French and Dutch, by our agent in Holland. When it began to have a run there, the Government forbad the further publication, but the prohibition occasions it to be more sought after, read, and talked of.

The monument for General Montgomery is finished, and gone to Havre, in nine cases, to lie for a conveyance. It is plain, but elegant, being done by one of the best artists here, who complains that the three hundred guineas allowed him is too little; and we are obliged to pay the additional charges of package, &c. We see, in the papers, that you have voted other monuments, but we have received no orders relating to them.

The Raleigh and Alfred will be well fitted and furnished with every thing they wanted, the Congress' part of the produce of their prizes being nearly equal to their demands. Be pleased to present our dutiful respects to the Congress, and assure them of our most faithful services.

We have the honor to be, &c.

B. FRANKLIN, SILAS DEANE, ARTHUR LEE.

FOOTNOTES:

[45] Missing.

* * * * *

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 1st December, 1777.

Gentlemen,

As we wish the subject of this letter to be well attended to and understood, we shall confine ourselves entirely to the business of such French gentlemen as have returned without getting employment in North America, and particularly those of Mons. Du Coudray's corps. Whatever may be the clamor excited by discontent, we think that a candid consideration of our circumstances, and what Congress have really done, will fully justify them in the eyes of reasonable men. We will observe, in the first place, that of all those who have returned, not one came here at the request of Congress; that they have cost the States a very large sum of money, and that the circumstances of affairs would not permit any benefit to be drawn from them here.

It was necessary, previous to the opening of the campaign, that the affairs of the army should be arranged, officers appointed, and every thing systematically made ready for the serious business that was approaching. At this time, it was not known by Congress or the Commander in Chief, that such a character as Mons. Coudray (under such agreements as he brought over with him) was to visit us. The best that could be done was therefore undertaken, and General Knox, the father of the American artillery, was appointed to that command, and all the other divisions of the army were filled with Major Generals. In this state of things arrived General Du Coudray, with an agreement by which he was to command the artillery, and the greatest part of the Major Generals of the army, by being of older commission. A plentiful crop of resignations began presently to sprout up, and the whole army must have been deranged and thrown into confusion, just in the opening of a campaign, or this agreement not accorded to in the whole.

But Mons. Du Coudray would have every thing or nothing. An inflexible ambition, that paid no regard to the situation and circumstances of the army, would be gratified. This produced a scene of contention, which was not ended when the unfortunate General was drowned in the Schuylkill, going to join the army. Immediately on his death, the rest of his corps would return to France, and in this disposition Congress endeavored to render things as agreeable to them as possible, having some regard to the interest of the public which they serve. It is very true, that a concurrence of causes, such as the removal from Philadelphia, the time that elapsed before business was gone regularly into again, and the multiplicity of public affairs, did occasion some delay in settling with these gentlemen; but this was a loss to the community more than to them, because their pay was continued to the last. And you will see by the papers enclosed, that ample allowances have been made for their expenses to the shipping port, for passage to France, and travel to Paris.

It has been already observed, that Mons. Du Coudray's desire could not be complied with, without producing very injurious consequences. All the other officers were offered admittance into the army, according to the ranks stipulated for with Mr S. Deane; but to avoid certain murmurs and discontent, by difference of pay in the army, they were offered the pay and rations of continental officers of similar rank. This they rejected; and when the mischief of a difference of pay was removed by their determination to return to France, they were paid their livres complete, with all their gratifications as agreed for, their expenses and passages being also fully satisfied. Upon the whole, we beg leave to refer you to the enclosed papers for more minute information in this business, where we think you will find documents sufficient to convince unprejudiced and reasonable men, that Congress have done all they could, or ought in duty to the public to have done, for the entire satisfaction of these gentlemen. And we hope you will be enabled thereby to obviate any ill impressions, which may be attempted to be made by some of these officers; we say by some, because we believe the more reasonable among them are satisfied.

We have the honor to be, &c.

R. H. LEE, J. LOVELL.

* * * * *

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 2d December, 1777.

Gentlemen,

Since ours, of October the 31st, the enemy have by repeated efforts at last overcome our defences on the Delaware below Philadelphia, and we hear they have got up some vessels to the city. But we incline to think they will yet be interrupted much in their operations on the river, by the chevaux de frize and the cold weather. We are just informed by General Gates, that the garrisons of Ticonderoga and Mount Independence have destroyed the works and the buildings, and precipitately retreated across Lake Champlain to Isle aux Noix and St Johns, taking with them only the brass artillery, powder, and provisions. The heavy stores they threw into the lake.

If the campaign should close at this period, (and if it does, it will be for want of clothes and blankets, for both of which we are in great distress, having received very few) the enemy will have little to boast of. They began it with two armies, one of which has been repeatedly beaten, and at length compelled to lay down its arms and surrender on terms. The other, after various chances, in which fortune more than any thing else has been its protection, has at length possessed itself of Philadelphia. We say fortune has protected the army of General Howe, and we have good reason for saying so, when the fact is, that at the battle of Germantown the enemy were actually defeated,[46] and accident alone prevented a total and irreparable overthrow. It would have been otherwise had our young troops possessed that calmness of discipline and self recollection, which is habitual to veteran armies. The acquisition of Philadelphia, which Mr Howe holds at present by a very precarious tenure, cannot have cost him in the whole fewer than four thousand men, since they landed at the head of Elk; and we know they have lost two ships of war before Fort Mifflin, one a sixtyfour gun ship, the other a frigate.

General Washington's army, about eighteen thousand strong, is now about fourteen miles from Philadelphia, and the enemy have fortified themselves in the best manner they can, in and near the city, by double lines from Delaware to Schuylkill, across the common. The manoeuvres about New York exhibit proofs of apprehension for the safety of that place, because the enemy have evacuated and destroyed their post at Fort Independence above King's Bridge, and have drawn in all their outposts to concentrate their strength, and secure, if they can, their hold of the city of New York. We hope before the opening of the next campaign, to put Hudson's River into a state inaccessible to the enemy's ships of war, and thereby to render their enterprises on that quarter extremely difficult and dangerous to them.

We have now given you an exact account of our military situation. With respect to our civil state, we would acquaint you that Congress have passed the confederation, and sent it to the different States, with strong recommendations to give it speedy consideration and return. Extensive taxation is also recommended, and seems to be universally adopting. You will readily imagine, gentlemen, that our extensive operations have produced great expense, as our inexperience in war has not furnished us with that systematic economy, which is so necessary and so well understood by European nations. We shall have emitted twenty eight millions of dollars by the close of this year, exclusive of Provincial currency. The quantity is too great, and of course the quality is injured. The slow operations of taxes will not afford adequate remedy, and the offer of sterling interest does not fill the loan offices so quickly, as the necessary expenses call for supply. If a loan of two millions sterling could be obtained, the high exchange would enable Congress, by drawing on that fund, to call so large a quantity of paper presently out of circulation, as to appreciate the rest, and give time for taxation to work a radical cure. Without this remedy of the evil, very pernicious consequences may follow ere long.

Our situation is rendered still worse by the impossibility of supplying such products as America has largely in store, and which are now greatly wanted in Europe, viz. tobacco, naval stores, rice, indigo, &c. The great superiority of the enemy's naval fleet makes it impossible to send those products in any quantity to sea, with a tolerable prospect of safety. Thus we are prevented from sending you the five thousand hogsheads of tobacco, which you have contracted for, and which Congress has directed to be sent; although several thousands have, for some time past, been purchased for payment of our debts in France. The good intentions of our friends in that country are almost entirely frustrated, by the exertions of the whole power of our enemies by sea, to prevent our sending to, or receiving from Europe, any thing whatever. A war in Europe would greatly and immediately change the scene. The maritime force of France and Spain, with the American cruisers, would quickly lessen the power of Great Britain in the Western ocean, and make room for the reciprocal benefits of commerce between us and our friends.

We have not been favored with a line from you since the 25th of May, which we lament exceedingly, but of which we cannot complain, since we doubt not but you have written, although we have not been so fortunate as to receive your letters. We had reason from your promise to expect a monthly packet, and this expectation prevented us from looking out so early as we should have done for a vessel or two from ——. We have heard, with pleasure, by means of Mr Carmichael, through Mr Bingham, that Mr Lee had successfully accomplished his business at the Court of Prussia.[47]

We remember that you informed us, the object which carried him to Berlin was, besides procuring that Prince's acknowledgment of our independence, obtaining open ports for our commerce, and the liberty of selling our prizes therein. We hope the interference of that powerful Prince will effectually prevent Russian or German auxiliaries, from being sent hither by Great Britain.

As the Marine Committee have already sent some, and will order more, of the continental ships of war to France under your directions, permit us to suggest an expedition, which appears likely to benefit us and distress the enemy. We are informed, that two or three well manned frigates, despatched early in February, so as to arrive at the Island of Mauritius in June, being provided with letters of credence, and for such refreshments, or aid of stores, &c. as may be necessary from the minister to the French Governor of that Island, may go thence to cruise on the coast of Coromandel, twenty days sail from the Island of Mauritius, where they will be in the way to intercept the China ships, besides distressing the internal trade of India. The prizes may be sold at Mauritius, and bills of exchange be remitted to you in Paris. We would observe, that in passing to Mauritius our vessels had better call at Goree, than at the Cape, to avoid the vigilance and the apprehensions of the British cruisers. Another beneficial attempt may be conducted along the coast of Africa. The French and Dutch settlements, and perhaps the Portuguese, will purchase the prizes and give bills on Europe.

We think your plan of getting one of the new constructed ships of war, equal to one of sixty four guns, built for the use of these States in Europe, is a very good one, and it may be employed to very beneficial purposes. The heavy iron cannon, which you propose to send, will be welcome for fortifications and for vessels; and here they cost abundantly more than you can furnish them for from Europe, besides the delay in getting them, which frequently distresses us greatly. And surely your determination to supply us with materials wanted here for shipbuilding, is very wise, since it is by marine force, that the most destructive wound may be given to our enemies.

We are directed to point out proper ports into which the stores mentioned in the resolve of Congress, of November tenth, may be imported.[48] We are obliged to own, that the port of Charleston South Carolina, and those to the eastward of Rhode Island, are the only safe ones. We wish the number of manufacturers in lead and sulphur, had been limited in that same resolve; but we place full confidence in your discretion. We shall be glad to receive from you by the first opportunity, a plan of the militia of Switzerland.

We close with a desire, that you will be pleased to attend to the several matters contained in our former letters, copies of which do not happen to be at hand.

We are, with much esteem, &c.

R. H. LEE, J. LOVELL.

FOOTNOTES:

[46] This language is too strong. As the British kept possession of the ground, they could hardly be said to have been defeated. They were attacked with spirit, and for a time gave way to General Washington's army.

[47] This was a mistake.

[48] The following resolve was passed in Congress, November 10th, 1777.

"Resolved, That the Committee of Foreign Affairs be directed to write to the commissioners of the United States, in France and Spain, to purchase and ship on continental account, in armed vessels, in addition to what has heretofore been ordered by Congress, 500 tons of lead, 400 tons of powder, one million of gun flints, tents for 50,000 men, and 10,000 yards of flannel for cartridges, to be sent to such ports and places as the said committee shall direct; and that the former orders of Congress, and of the commercial committee for clothing, fire-arms, equipage, brass field-pieces, salt, and other articles, and for 130,000 blankets, be completed as soon as may be;

"That the committee be also directed to write to the commissioners, and instruct them to contract with, and send over, by different conveyances, two or three persons, well acquainted with the making of gun-flints, in order to instruct persons in that business, and introduce into these States so useful a manufacture; likewise, three or more proper persons, skilful in working lead mines and refining lead ore, and three or more persons skilful in the discovery of sulphur mines, and manufacturing and refining sulphur."

* * * * *

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, 18th December, 1777.

Gentlemen,

Since our last, of November 30th, a copy of which is herewith sent you, we received your despatches of October 6th, from Yorktown. They came to us by a packet from Boston, which brought the great news of Burgoyne's defeat and surrender; news that apparently occasioned as much general joy in France, as if it had been a victory of their own troops over their own enemies, such is the universal, warm, and sincere good will and attachment to us and our cause in this nation.

We took the opportunity of pressing the ministry, by a short memorial, to the conclusion of our proposed treaty, which had so long been under their consideration, and been from time to time postponed. A meeting was had accordingly, on Friday the 12th instant, in which some difficulties were mentioned and removed, some explications asked and given, to satisfaction. As the concurrence of Spain is necessary, we were told that a courier should be despatched the next day to obtain it, which we are since assured was done, and in three weeks from the time the answer was expected.

On signifying to the ministry the importance it might be of, at this juncture, when probably Britain would be making some propositions of accommodation, that the Congress should be informed explicitly what might be expected from France and Spain, M. Gerard, one of the secretaries, came yesterday to inform us, by order of the king, that after long and full consideration of our affairs and propositions, in council, it was decided, and his majesty was determined to acknowledge our independence, and make a treaty with us of amity and commerce; that in this treaty no advantage would be taken of our present situation, to obtain terms from us, which otherwise would not be convenient for us to agree to; his majesty desiring that the treaty, once made, should be durable, and our amity subsist forever; which could not be expected, if each nation did not find its interest in the continuance, as well as in the commencement of it. It was therefore his intention, that the terms of the treaty should be such as we might be willing to agree to, if our State had been long since established, and in the fulness of strength and power, and such as we shall approve of when that time shall come. That his majesty was fixed in his determination, not only to acknowledge, but to support, our independence, by every means in his power. That in doing this, he might, probably, soon be engaged in a war, with all the expenses, risks, and damages, usually attending it, yet he should not expect any compensation from us on that account, nor pretend that he acted wholly for our sakes; since, besides his real good will to us and our cause, it was manifestly the interest of France, that the power of England should be diminished by our separation from it. He should, moreover, not so much as insist, that if he engaged in a war with England on our account, we should not make a separate peace; he would have us be at full liberty to make a peace for ourselves, whenever good and advantageous terms were offered to us. The only condition he should require and rely on would be this, that we, in no peace to be made with England, should give up our independence, and return to the obedience of that government. That as soon as the courier returned from Spain, with the concurrence expected, the affair would be proceeded in and concluded; and of this we might give the Congress the strongest assurances in our despatches, only cautioning them to keep the whole, for the present, a dead secret, as Spain had three reasons for not immediately declaring; her money fleet not yet come home; her Brazil army and fleet the same; and her peace with Portugal not yet quite completed; but these obstacles would, probably, soon be removed.

We answered, that in what had been communicated to us we perceived, and admired equally the king's magnanimity and his wisdom; that he would find us faithful and firm allies, and we wished, with his majesty, that the amity between the two nations might be eternal. And, mentioning that republics were usually steady in their engagements, for instance, the Swiss cantons, the Secretary remarked, that France had been as steady with regard to them, two hundred years having passed since their first alliance for fifty years had commenced, which had been renewed from time to time; and such had been her uniform good faith toward them, that, as it appeared in the last renewal, the Protestant cantons were free from their ancient prejudices and suspicions, and joined readily with the rest in the league of which we herewith send you a copy.

It is sometime since we obtained a promise of an additional aid of three million of livres, which we shall receive in January. Spain, we are told, will give an equal sum; but finding it inconvenient to remit it here, she purposes sending it from the Havanna, in specie, to the Congress. What we receive here will help to get us out of debt. Our vessels laden with supplies have, by various means, been delayed, particularly by fear of falling into the hands of the British cruising ships, which swarm in the bay and channel. At length, it is resolved that they shall sail together, as they are all provided for defence, and we have obtained a king's ship to convoy them out of the channel, and we hope quite to America. They will carry, we think, to the amount of seventy thousand pounds sterling, and sail in a few days.

Also, in consideration of the late frequent losses of our despatches, and the importance of the present, we have applied for, and obtained a frigate to carry them.

These extraordinary favors, of a nature provoking to Great Britain, are marks of the sincerity of this Court, and seem to demand the thanks of the Congress. We have accepted five bills, drawn on us by the President, in favor of some returned officers, and shall pay them punctually. But, as we receive no remittances for our support, and the cargo in the Amphitrite is claimed from us by M. Beaumarchais, and we are not certain that we can keep it, we hope Congress will be sparing in their drafts, except for the interest mentioned in our former letters, of which we now repeat the assurances of payment; otherwise, we may be much embarrassed, and our situation rendered very uncomfortable.

It is said, the French Ambassador at London has desired to be recalled, being affronted there, where the late news from America has created a violent ferment. There is also a talk here of Lord Stormont's recall. The stocks in England fall fast, and, on both sides, there is every appearance of an approaching war. Being informed, by the concurring reports of many who had escaped, that our people, prisoners in England, are treated with great inhumanity, we have written a letter of expostulation on that subject to Lord North, which is sent over by a person express, whom we have instructed to visit the prisoners, and, (under the directions of Mr Hartley) to relieve as much as may be the most necessitous. We shall hereafter acquaint you with the result.

The expenses we are put to by those who get to us are very considerable. The supplies now going out from hence, and what we have sent, and are sending from Spain, though far short of your orders, (which we have executed as far as we are able) will, we hope, with private adventures encouraged by us and others, put you into pretty good circumstances as to clothing, arms, &c. if they arrive, and we shall continue to send, as ability and opportunity may permit.

Please to present our duty to the Congress, and believe us, with sincere esteem, &c.

B. FRANKLIN, SILAS DEANE, ARTHUR LEE.

* * * * *

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 12th January, 1778.

Gentlemen,

Not having received any letters from you since the 26th of May, we were severely chagrined yesterday, upon the arrival of Captain John Folger, who, under the name of despatches from the Commissioners at Paris, delivered only an enclosure of clean paper, with some familiar letters, none of which contained any political intelligence. You will see, by the within examination of Folger, that he was by no means a discreet person, fit to have the charge of what you trusted to him; but we cannot yet prove that he was wilfully connected with the robbers of the packet. The paper referred to by the letter A, in the examination, was a plain cover to plain paper, which had been put in the place of an enclosure, probably very interesting, sent with the public ledgers to R. H. Lee.

We shall endeavor to find whether the roguery was committed after Folger left France; but we must depend upon you to trace the circumstances from the time of your sealing, till that of his embarking.

Congress have sent to Governor Caswell to explain the part he is said to have taken in the affair, and to examine the Ship-Captain and the two passengers. Should the Governor confirm Folger's narrative, so as to make his veracity less problematical than at present, his confinement may be rendered easier to him, but he must not be quite discharged till we hear from you. There ought to be the greatest caution used with regard to the characters of all those persons, who are confidentially employed by you. The connexion which Folger has had since he left America with persons in England, and on the voyage to Falkland's Isles, cannot be thought favorable to our interest, if his own family and native place are so. We shall only add on this subject, that Folger, upon recollection, asserts, that the largest packet delivered to him at Havre de Grace was directed, "Despatches for Captain Folger," and he laments that he did not himself open it before he sailed. If this circumstance is true, it accounts for Governor Caswell's opening the packet.

We are, with much regard, &c.

J. WITHERSPOON, J. LOVELL.

* * * * *

TO JOHN PAUL JONES.

Paris, 16th January, 1778.

Sir,

As it is not in our power to procure you such a ship as you expected, we advise you, after equipping the Ranger in the best manner for the cruise you propose, that you proceed with her in the manner you shall judge best for distressing the enemies of the United States by sea, or otherwise, consistent with the laws of war and the terms of your Commission. If you take prizes on the coast of France or Spain, send them into Bilboa, or Corogne, unless you should apprehend the danger too great, in which case we advise you to send them either into L'Orient or Bordeaux, directing the officers, who may have them in charge, to apply at L'Orient to M. Moylan, or M. Goulade, and at Bordeaux to Messrs Samuel & T. H. Delap, and inform us immediately of their arrival and situation. If you send to Spain, or should put into the ports of that kingdom, apply at Bilboa to Messrs Gardoqui & Sons; at Corogne to Messrs Leagonere & Co.

If you make an attempt on the coast of Great Britain, we advise you not to return immediately into the ports of France, unless forced by stress of weather, or the pursuit of the enemy, and in such case you must make the proper representation to the officers of the port, and acquaint us with your situation. We rely on your ability, as well as your zeal to serve the United States, and therefore do not give particular instructions as to your operations. We must caution you against giving any cause of complaint to the subjects of France, or Spain, or of other neutral powers, and recommend it to you to show them every mark of respect and real civility, which may be in your power.

You will communicate to your officers and seamen the encouragement we have given them, and explain to them, that though it was not in our power to be particular as to the rewards they should be entitled to, yet they may safely rely on the justice of the Congress. Before you sail, it will be proper to settle with Mr Williams the account of your disbursements, and send the account up to us.

We most sincerely wish you success, and are, with much esteem, Sir, your most obedient and very humble servants.

B. FRANKLIN, SILAS DEANE.

* * * * *

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 21st January, 1778.

Gentlemen,

We mean in this letter to give you a succinct view of the state of our military affairs. You must, long before this reaches you, have been made acquainted with the signal success of the American arms in the northern department, particularly the several engagements in that quarter previous to the surrender of General Burgoyne and his whole army to General Gates. Since that time, Ticonderoga and Mount Independence have been evacuated by the enemy, so that the whole of that department is now in our possession. The Indians are perfectly quiet, and we have lately received intelligence, that those formerly in the interest of our enemies incline to our side, as also, that the inhabitants of Canada, where the enemy have but small force, are in general much disposed to favor us. General Burgoyne and his troops are now near Boston; and on account of several very exceptionable parts of his conduct, Congress have resolved, that he shall not be suffered to depart, till the convention of Saratoga is ratified by the Court of London.

A part of the enemy's army is still in possession of Newport, in Rhode Island. An expedition intended to dispossess them of that place, on account of some mistakes and neglect of those who were to make the proper preparations for it, was obliged to be laid aside, but we expect it will sometime hence be resumed.

As to the armies in this State, General Howe is still in Philadelphia, but possesses no part of the country round it. General Washington's army is in huts to the westward of Schuylkill, refreshing and recruiting during the winter; and it is in contemplation to call in a number of militia to attempt to expel Howe before he can be reinforced in the spring. A part of our army is stationed at Wilmington, and they, with the militia on both sides of the river, have been very successful in taking several of the enemy's vessels since the winter set in. A committee of Congress is just going off to the army, to assist in regulating it for the next campaign, and to concert measures for the most early and vigorous operations.

Copies of newspapers, and the proceedings of Congress relating to the convention of Saratoga, are sent to you by this conveyance, besides which, we hope you will have the advantage of information from Mr Adams in person.

We are, with much regard, &c.

J. WITHERSPOON, J. LOVELL.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Passy, 8th February, 1778.

Sir,

We have now the great satisfaction of acquainting you and the Congress, that the treaties with France are at length completed and signed. The first is a treaty of amity and commerce, much on the plan of that projected in Congress;[49] the other is a treaty of alliance, in which it is stipulated, that in case England declares war against France, or occasions a war by attempts to hinder her commerce with us, we should then make common cause of it, and join our forces, and councils, &c. The great aim of this treaty is declared to be to "establish the liberty, sovereignty, and independency, absolute and unlimited, of the United States, as well in matters of government as commerce;" and this is guarantied to us by France, together with all the countries we possess, or shall possess at the conclusion of the war; in return for which the States guaranty to France, all its possessions in America. We do not now add more particulars, as you will soon have the whole by a safer conveyance, a frigate being appointed to carry our despatches. We only observe to you, and with pleasure, that we have found throughout this business, the greatest cordiality in this Court; and that no advantage has been taken, or attempted to be taken of our present difficulties, to obtain hard terms from us; but such has been the King's magnanimity and goodness, that he has proposed none which we might not readily have agreed to in a state of full prosperity and established power. The principle laid down as the basis of the treaty, being as declared in the preamble, "the most perfect equality and reciprocity," the privileges in trade, &c. are mutual, and none are given to France, but what we are at liberty to grant to any other nation.

On the whole, we have abundant reason to be satisfied with the good will of this Court, and of the nation in general, which we therefore hope will be cultivated by the Congress, by every means which may establish the Union, and render it permanent. Spain being slow, there is a separate and secret clause, by which she is to be received into the alliance, upon requisition, and there is no doubt of the event. When we mention the good will of this nation to our cause, we may add that of all Europe, which having been offended by the pride and insolence of Britain, wishes to see its power diminished; and all who have received injuries from her, are, by one of the articles, to be invited into our alliance. The preparations for war are carried on with immense activity, and it is soon expected.

With our hearty congratulations, and our duty to the Congress, we have the honor to be very respectfully, &c.

B. FRANKLIN, SILAS DEANE.

FOOTNOTES:

[49] This plan of a treaty is contained at length in the Secret Journals of Congress, Vol. II. p. 7. It is accompanied with a draft of instructions to the commissioners, who were to propose it, in which modifications are suggested.

* * * * *

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, February 16th, 1778.

Gentlemen,

We have now the pleasure of sending you the treaties of amity and alliance, which France completed after long deliberation, and signed the 6th instant. This is an event, which will give our States such an appearance of stability, as must strengthen our credit, encourage other powers in Europe to ally themselves with us, weaken the hopes of our internal as well as our external enemies, fortify our friends, and be in many other respects so advantageous to us, that we congratulate you upon it most heartily. And we flatter ourselves, that the Congress will approve of the terms, and despatch the ratifications as soon as possible.

It is understood that Spain is shortly to accede to the same treaties. We have in ours of December 18th, mentioned the reasons of her delay, which still subsist, but will probably not subsist much longer. These treaties continue a secret here, and may do so till the commencement of the war, which is daily expected. Our little fleet formerly mentioned, which has been long watched and detained in Nantes' river, by the English cruising off Belisle, is now on the point of sailing under the convoy of a French squadron. As the English are pretty strong in the Bay, it is probable that their attack, and the French defence of our ships, may be the prelude of a Declaration on both sides.

Having received part of the 3,000,000 livres we formerly mentioned to you, we have furnished Mr W. Lee, and Mr Izard with 2,000 guineas each for the expenses of the missions to Germany and Italy. And as we have received intimations from Holland, that the appearance of one of us there might at this juncture have good effects, we have resumed the purpose formerly communicated to you, and as soon as our treaty with France is known, and the winter over, probably either Mr Deane or Mr Franklin will make a journey thither.

But as we apprehend it may be known here, by some means or other, should we furnish the expense of these embassies out of the aids received from this Court, which we think not reputable to the Congress, we must again press you to make us the necessary remittances to replace what we have borrowed from the fund destined for your supplies. And particularly we pray more earnestly, that you would forward as soon as possible the 5,000 hhds of tobacco for the Farmers-General, who will soon be in want of it, and who long since advanced us a million for your use. Our honor is concerned in the fulfilment of this contract.

The seizing and delivering up to the English two prizes taken by Captain Babson, on account of their being illegally entered under a false declaration, made a good deal of noise among our people in the ports, and gave unfavorable impressions of the friendship of this Court, which possibly may extend to America. We think it therefore necessary to inform you, that though the confiscation of these prizes on the above account, is said to be agreeable to the laws here, yet the king, after a condemnation, had the power of disposing of the produce, for what purpose, political or otherwise, he might think proper, and accordingly restored it at this juncture, perhaps usefully, to the English claimants. Yet as it is thought a hard case with respect to the captors, a beginning is made of indemnification, and we hope on the same principle on which we are to receive soon a part, 50,000, we shall be able in time to recover the whole.

We have, to avoid disputes at a particular time, delivered up the cargo brought by the Amphitrite to M. Beaumarchais. We hear he has sent over a person to demand a great sum of you on account of arms, ammunition, &c. We think it will be best for you to leave the demand to be settled by us here, as there is a mixture in it of public and private concern, which you cannot so well develop.

We send you herewith a great many newspapers; you will see Lord North's only answer to our application about the prisoners; as also the success of a subscription set on foot in England by our friends for their relief. They are at present pretty comfortably provided for.

By our late advices from England, the ministers began to be alarmed for their country and perhaps for themselves. Some of their emissaries have been here to sound us, and endeavor to get from some of us propositions on which to found a treaty; which we evaded generally, as not being empowered to make any; and apprehending withal, that even reasonable ones, proposed by us, might be used improperly by the ministry to exasperate, instead of conciliating the pride of the nation, choosing still to consider us as subjects. Many of the speakers in parliament of both Houses seem to look upon a French war at this juncture, when so much of their force is abroad, and their public credit so shaken, as immediate ruin. And we are assured by the last post, from good authority, that even Lord Mansfield, who in the beginning of this business was so valiant, spoke lately in private to Lord Camden of the absolute necessity of an immediate coalition of parties, to prevent the great impending danger to the nation, from an alliance between the House of Bourbon and the Americans, which he said he had good information was on the point of being concluded.

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