We have further to inform your Excellency, that we are empowered and instructed by Congress, to borrow in Europe a sum of money to the amount of two millions sterling; which is to be appropriated to the express purpose of redeeming so many of the bills of credit in America, as will be sufficient, it is apprehended, to restore the remainder to their original value. We, therefore, request his Majesty's permission to borrow such part of that sum in his Majesty's kingdom, as we may find opportunity. Although we are empowered to offer a larger interest than is usually given, by his Majesty, yet that we may not be any interruption to his Majesty's service, we are willing and desirous of limiting the interest which we may offer, to the same that is given by his Majesty. And in this way, although most persons will choose to lend their money to his Majesty, yet there may be others desirous of forming connexions of trade with the people in America, who will be willing to serve them in this way. And perhaps nothing will have a greater tendency to cement the connexion between the two nations, so happily begun, or to insure to the French nation the benefits of the American trade, than something of this kind.

By the 8th article of the treaty of commerce, his Majesty has engaged to employ his good offices and interpositions with the Emperor of Morocco, and with the regencies of Algiers, Tunis, Tripoli, and the other powers on the coast of Barbary, in order to provide as fully as possible for the convenience and safety of the inhabitants of the United States, and their vessels and effects, against all violence, insults, attacks, or depredations on the part of the said princes.

We have received information, that there are already American vessels in Italy desirous of returning thence, and that there are merchants in Italy desirous of entering into the American trade, but that an apprehension of danger from the Corsairs of Barbary is a discouragement. We therefore request your Excellency's attention to this case, and such assistance from his Majesty's good offices, as was intended by the treaty.

There is another thing that has occurred of late, on which we have the honor to request your Excellency's advice. There are many Americans in England, and in other parts of Europe, some of whom are excellent citizens, and who wish for nothing so much as to return to their native country, and to take their share in her fortune, whatever that may be, but are apprehensive of many difficulties in recovering their property.

Whether it will be practicable and consistent with his Majesty's interest to prescribe any mode by which Americans of the above description may be permitted to pass through this Kingdom with their apparel, furniture, plate, and other effects, not merchandise for sale here, without paying duties, we submit to his wisdom.

We likewise request of your Excellency a passport for such cartel ship as shall be employed by the English in sending our people, who are their prisoners, to France to be exchanged. They propose Calais as the port at which the exchange may be made, but as the prisoners we have are at Brest, and the expense of removing them to Calais would be considerable, we should be glad that the passport would permit the landing of our people as near Brest as may be, without danger of inconveniency to the State.

We have the honor to be, with respect, your Excellency's, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

DECLARATION

Of Count de Vergennes, annulling the Eleventh and Twelfth Articles of the Commercial Treaty with France.

Translation.

The General Congress of the United States of North America having represented to the king, that the execution of the 11th article of the treaty of amity and commerce, signed the 6th of February last, might be productive of inconveniencies, and having, therefore, desired the suppression of this article, consenting in return that the 12th article shall likewise be of no effect; his Majesty, in order to give a new proof of his affection, as also of his desire to consolidate the union and good correspondence established between the two States, has been pleased to consider their representations. His Majesty has consequently declared, and does declare by these presents, that he consents to the suppression of the 11th and 12th articles aforementioned, and that it is his intention, that they be considered as having never been comprehended in the treaty signed the 6th of February last.

Done at Versailles, this 1st day of September, 1778.

GRAVIER DE VERGENNES.

* * * * *

DECLARATION

Of the American Commissioners, annulling the Eleventh and Twelfth Articles of the same Treaty.

Translation.

The Most Christian King having been pleased to regard the representations made to him by the General Congress of North America, relating to the 11th article of the Treaty of Commerce, signed the 6th of February in the present year, and his Majesty having therefore consented that the said article should be suppressed, on condition that the 12th article of the same treaty be equally regarded as of none effect; the above said General Congress hath declared on their part, and do declare, that they consent to the suppression of the 11th and 12th articles of the above mentioned treaty, and that their intention is, that these articles be regarded as having never been comprised in the treaty signed the 6th of February. In faith whereof, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO M. DE BEAUMARCHAIS.

Passy, September 10th, 1778.

Sir,

In a letter we have received from the Committee of Commerce of the 16th of May, we are informed, that they had ordered several vessels lately to South Carolina for rice, and directed the continental agents in that State to consign them to our address.

In the letter from Mr Livingston to us, dated Charleston South Carolina, 10th June, 1778, he has subjected the cargo of the Therese to our orders.

In your letter to us, dated Passy, 8th September, 1778, you demand, that the cargo received in your own vessel should be sold, and the money remitted to you in part for a discharge of what is due to you by the Congress.

We are at a loss to know how you claim the Therese as your proper vessel, because M. Monthieu claims her as his, produces a written contract for the hire of her, part of which we have paid, and, the remainder he now demands of us. However, Sir, we beg leave to state to you the powers and instructions we have received from Congress, and to request your attention to them as soon as possible, and to inform you, that we are ready to enter upon the discussion of these matters, at any time and place you please.

But until the accounts of the company of Roderique Hortalez & Co. are settled for what is passed, and the contracts proposed either ratified by you and us, or rejected by one party, we cannot think we should be justified in remitting you the proceeds of the cargo of the Therese.

We will, however, give orders to our agents for the sale of the cargo, and that the proceeds of the sale be reserved to be paid to the house of Roderique Hortalez & Co. or their representative, as soon as the accounts shall be settled, or the contract ratified. By a copy of a contract between a committee of Congress and M. Francy, dated the 16th of April last, we perceive that the 17th article, respecting the annual supply of 24,000,000 of livres, shall not be binding upon either of the parties, unless the same shall be ratified by Roderique Hortalez & Co. and the Commissioners of the United States at Paris.

We take this opportunity to inform you, Sir, that we are ready to confer with Roderique Hortalez & Co. or any person by them authorised for this purpose, at any time and place, that they or you shall appoint.

We have the honor to be, Sir, your most obedient humble servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO M. DE SARTINE.

Passy, 10th September, 1778.

Sir,

Captain Daniel M'Neil of Boston, in the State of Massachusetts Bay, Commander of the American privateer, which has been so successful against the common enemy in the North Seas and White Seas, had the fortune to retake a French vessel from a Guernsey privateer, after she had been in the enemy's possession three days, which prize he has brought into Port Louis.

He represents to us, that he has met with some difficulties in disposing of her and her cargo, which cannot be removed until your Excellency's sentiments shall be known upon the matter.

We have the honor to recommend his case to your Excellency's consideration, and to request that such relief may be afforded him, as may consist with the laws of the State, and the treaties in force between the two nations.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO COUNT DE VERGENNES.

Passy, September 10th, 1778.

Sir,

By some of the last ships from America, we received from Congress certain powers and instructions, which we think it necessary to lay before your Excellency, and which we have the honor to do in this letter.

On the 13th of April last Congress resolved, "that the Commissioners of the United States in France be authorised to determine and settle with the house of Roderique Hortalez & Co. the compensation, if any, which should be allowed them on all merchandise and warlike stores, shipped by them for the use of the United States, previous to the 14th day of April, 1778, over and above the commission allowed them, in the 6th article of the proposed contract between the Committee of Commerce and John Baptiste Lazarus Theveneau de Francy."

In the letter of the Committee of Commerce to us, in which the foregoing resolution was enclosed, the Committee express themselves thus; "this will be accompanied by a contract entered into between John Baptiste Lazarus de Theveneau de Francy, agent of Peter Augustine Caron de Beaumarchais, representative of the house of Roderique Hortalez & Co. and the Committee of Commerce. You will observe, that their accounts are to be fairly settled, and what is justly due paid for, as on the one hand, Congress would be unwilling to evidence a disregard for, and contemptuous refusal of, the spontaneous friendship of His Most Christian Majesty, so on the other, they are unwilling to put into the private pockets of individuals, what was graciously designed for the public benefit. You will be pleased to have their accounts liquidated, and direct in the liquidation thereof, that particular care be taken to distinguish the property of the crown of France, from the private property of Hortalez & Co. and transmit to us the accounts so stated and distinguished. This will also be accompanied by an invoice of articles to be imported from France, and resolves of Congress relative thereto. You will appoint, if you should judge proper, an agent or agents to inspect the quality of such goods as you may apply for to the house of Roderique Hortalez & Co. before they are shipped, to prevent any impositions."

On the 16th of May last, Congress resolved, "that the invoice of articles to be imported from France, together with the list of medicines approved by Congress, be signed by the Committee of Commerce and transmitted to the Commissioners of the United States at Paris, who are authorised and directed to apply to the house of Roderique Hortalez & Co. for such of the said articles, as they shall have previously purchased or contracted for; that copies of the invoices be delivered to Mons. de Francy, agent for Roderique Hortalez & Co., together with a copy of the foregoing resolution; and that the articles to be shipped by the house of Roderique Hortalez & Co. be not insured, but that notice be given to the Commissioners in France, that they may endeavor to obtain convoy for the protection thereof."

We have the honor to enclose to your Excellency a copy of the contract made between the Committee and Mons. Francy, a copy of Mons. Francy's powers, and a copy of the list of articles to be furnished according to that contract, that your Excellency may have before you all the papers relative to this subject.

We are under the necessity of applying to your Excellency upon this occasion, and of requesting your advice. With regard to what is passed, we know not who the persons are who constitute the house of Roderique Hortalez & Co., but we have understood, and Congress has ever understood, and so have the people in America in general, that they were under obligations to his Majesty's good will for the greatest part of the merchandise and warlike stores heretofore furnished under the firm of Roderique Hortalez & Co. We cannot discover that any written contract was ever made between Congress or any agent of theirs, and the house of Roderique Hortalez & Co., nor do we know of any living witness, or any other evidence, whose testimony can ascertain to us, who the persons are that constitute the house of Roderique Hortalez & Co., or what were the terms upon which the merchandise and munitions of war were supplied, neither as to the price, nor the time, or conditions of payment. As we said before, we apprehend that the United States hold themselves under obligations to his Majesty for all those supplies, and we are sure it is their wish and their determination to discharge the obligation to his Majesty, as soon as Providence shall put it in their power. In the mean time, we are ready to settle and liquidate the accounts according to our instructions at any time, and in any manner which his Majesty and your Excellency shall point out to us.

As the contract for future supplies is to be ratified, or not ratified by us, as we shall judge expedient, we must request your Excellency's advice as a favor upon this head, and whether it would be safe or prudent in us to ratify it, and in Congress to depend upon supplies from this quarter. Because, if we should depend upon this resource for supplies and be disappointed, the consequences would be fatal to our country.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Versailles, 16th September, 1778.

Gentlemen,

I have received the letter, which you did me the honor to write to me on the subject of the French ship Isabella, which the American privateer General Mifflin recaptured from a Guernsey privateer.

In the General Thesis, you may see the disposition of the ordinance of the Marine of 1681, which adjudges to captains, captors of recaptured vessels, when they have been during twentyfour hours in the enemy's hands, a third for the charges of rescue, when they are retaken before the twentyfour hours. The American privateers shall enjoy in France, without difficulty, the benefit of this law, if it has been adopted by the United States in such a manner, as that the French privateers may be assured of experiencing the same treatment, with respect to the recaptures they may conduct into the ports of North America.

The English laws, on the contrary, grant a privateer only one eighth of the value of the vessels retaken within the first twentyfour hours, a fifth within the second day, a third within the third and fourth, and afterwards one half, which leaves at least, in every case, the other half to the losing proprietors. It is possible, that the United States, as these laws are less advantageous to the privateers and more favorable to the original proprietors of recaptured vessels, would give the preference to those of France.

In these circumstances, the rules of reciprocity observed between the two powers require that arrangements be taken to adopt the law of one of the two nations, which shall be observed by the respective privateers, and in the meantime I am persuaded, that you will think with me, that the American privateer, General Mifflin, ought not to exact in France other advantages than what, in a similar case, a French privateer would meet with in North America.

This discussion, moreover, should not take place perhaps in the particular affair in question. I am just informed, that the French proprietor claims his vessel as retaken from pirates, offering to pay a third of its value to the American privateer, which delivered it. This is agreeable to the 10th article, under the title of Prizes, of the ordinance of 1681, which appears justly applicable to this particular case. If it should be found, that the Guernsey privateer falls under the description of those pirates, whose depredations have obliged his Majesty to order general reprisals, and that she has not been furnished with new letters of marque, which the Court of London did not grant before the month of August, to cruise against French vessels, as appears from the declaration of the Captain of the Isabella, this question will be necessarily submitted to the decision of the tribunals; and I cannot do otherwise than see, that the most prompt justice be rendered to the American privateer. I request, at any rate, that you will be pleased to give me your opinion on the principal question, taking for granted the different laws of the two nations with respect to reprisals or rescues.

I have the honor to be, &c.

DE SARTINE.

* * * * *

TO M. DE SARTINE.

Passy, 17th September, 1778.

Sir,

We have this morning the honor of receiving your Excellency's letter of the 16th, relative to the French brigantine, the Isabella, retaken by the American privateer, the General Mifflin, from a Guernsey privateer, after having been eight hours in his hands.

We have the honor to agree perfectly with your Excellency, in your sentiments of the justice and policy of the principle of reciprocity between the two nations, and that this principle requires that French ships of war, or privateers, should have the same advantage in case of prizes and recaptures, that the American privateers enjoy in France.

We are so unfortunate, at present, as to have no copy of any of the laws of the United States relative to such cases, and are not able to recollect, with precision, the regulations in any of them. But we are informed by Captain M'Neil, that by the law of Massachusetts Bay, if a vessel is taken within twentyfour hours, one third goes to the recaptors; after twentyfour hours until seventytwo hours, one half; after seventytwo hours and before ninetysix hours, three quarters; and after ninety six hours, the whole.

All that we have power to do in this case is, to convey to Congress a copy of your Excellency's letter, and of our answer, and we have no doubt but Congress will readily recommend to the several States to make laws, giving to French privateers either the same advantages that their own privateers have in such cases, in their own ports, or the same advantages that the French privateers enjoy in the ports of this kingdom in such cases, by the ordinance of the King. And we wish your Excellency would signify to us, which would probably be most agreeable to his Majesty. If the case of this vessel must come before the public tribunal, upon the simple question, whether she was taken from a pirate or not, that tribunal we doubt not will decide with impartiality; but we cannot refrain from expressing to your Excellency, that we think the original owner will be ill advised if he should put himself to this trouble and expense.

We presume not to dispute the wisdom of the ordinance of the King, which gives to the recaptor from a pirate only one third; because we know not the species of pirates which was then in contemplation, nor the motives of that regulation. But your Excellency will permit us to observe, that this regulation is so different from the general practice, and from the spirit of the laws of nations, that there is no doubt it ought to receive a strict interpretation, and that it is incumbent on the original proprietor to make it very evident, that the first captor was a pirate.

In the case in question, the Guernsey privateer certainly had a commission from the King of Great Britain, against American vessels at least. But admitting, for argument's sake, that he had no commission at all, the question arises, whether the two nations of France and England are at war or not. And, although there has been no formal declaration of war on either side, yet there seems to be little doubt that the two nations have been at actual war, at least from the time of the mutual recall of their Ambassadors, if not from the moment of the British King's most warlike speech to his Parliament.

Now, if it is admitted that the two nations are at war, we believe it would be without a precedent in the history of jurisprudence to adjudge the subject of any nation to be guilty of piracy for an act of hostility, committed at sea against the subject of another nation at war. Such a principle, for what we see, would conclude all the admirals and other officers of both nations guilty of the same offence.

It is not the want of a commission, as we humbly conceive, that makes a man guilty of piracy; but committing hostilities against human kind, at least against a nation not at war.

Commissions are but one species of evidence that nations are at war. But there are many other ways of proving the same thing.

Subjects and citizens, it is true, are forbidden by most civilized nations to arm vessels for cruising against their enemies, without a commission from the sovereign; but it is upon penalty, of confiscation or some other, perhaps, milder punishment, not on the penalties of piracy.

Moreover, perhaps, prizes made upon enemies by subjects or citizens, without commission from their sovereigns, may belong to the sovereigns, not to the captors, by the laws of most nations; but, perhaps, no nation ever punished as pirates their own subjects or citizens, for making a prize from an enemy without a commission.

We beg your Excellency's pardon for detaining you so long from objects of more importance, and have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Passy, 17th September, 1778.

Sir,

The last letter which we have had the honor to write jointly to Congress, was of the 20th of July,[52] and as we have sent several copies of it by different opportunities, we hope one of them, at least, will get safe to hand. Since our last, there has been an important action at sea, between two very powerful fleets, in which, in our opinion, the French had a manifest and great advantage. But as all the newspapers in Europe are full of this transaction, and we have taken, in our separate capacities, every opportunity to transmit these papers to Congress, we think it needless to be more particular concerning that event in this letter.

The French fleet, on the 11th of last month, again put to sea, and on the 22d Admiral Keppel sailed. By the best intelligence from London the populace are amused, and the public funds are supported by hopes given out, by administration of peace, by an acknowledgment of American independency. But as the credulity of that nation has no bounds, we can draw no inference from this general opinion, that such is the intention of government. We suppose that rumor to be a consequence of the mischievous determination of the Cabinet, to propose independence on condition of a separate peace.

We are here, at this moment, in a state of the most anxious and critical suspense, having heard nothing from Count d'Estaing, nor from America, since the 11th of July.

Congress will be informed by Mr Arthur Lee, respecting the Court of Spain.

We have taken measures in Amsterdam for borrowing money of the Dutch, but what success we shall have we cannot yet say. We have also asked leave of this government to borrow money in this kingdom, but having no answer we cannot say whether we shall get permission or not. We have yesterday applied for a continuation of the quarterly payment of seven hundred and fifty thousand livres; what the answer will be we know not; if it is in the negative, the consequence must be plain to Congress and to us. It is at all times wisest and safest, both for the representative and his constituent, to be candid, and we should think ourselves criminal if we should disguise our just apprehensions.

Congress then will be pleased to be informed, that all the powers of Europe are now armed or arming themselves by land or sea, or both, as there seems to be a universal apprehension of a general war. Such is the situation of European nations at least, that no one can arm itself without borrowing money. Besides this, the Emperor and king of Prussia are at actual war. All this together has produced this effect, that France, England, the Emperor, Spain, Russia at least, are borrowing money, and there is not one of them that we can learn, but offers better interest than the United States have offered. There can be no motive then but simple benevolence to lend to us.

Applications have been frequently made to us by Americans, who have been some time abroad, to administer the oath of allegiance to the United States, and to give them certificates that they have taken such oaths. In three instances we have yielded to their importunity; in the case of Mr Moore, of New Jersey, who has large property in the East Indies, which he designs to transfer immediately to America,—in the case of Mr Woodford, of Virginia, a brother of General Woodford, who has been sometime in Italy, and means to return to America with his property,—and yesterday, in the case of Mr Montgomery, of Philadelphia, who is settled at Alicant, in Spain, but wishes to send vessels and cargoes of his own property to America. We have given our opinions to these gentlemen frankly, that such certificates are in strictness legally void, because there is no act of Congress that expressly gives us power to administer oaths. We have also given two or three commissions by means of the blanks with which Congress intrusted us, one to Mr Livingston, and one to Mr Amiel, to be Lieutenants in the navy, and in these cases we have ventured to administer the oaths of allegiance. We have also, in one instance, administered the oath of secrecy to one of our Secretaries, and perhaps it is necessary to administer such an oath, as well as that of allegiance, to all persons whom we may be obliged in the extensive correspondence we maintain to employ. We hope we shall not have the disapprobation of Congress for what in this way has been done, but we wish for explicit powers and instructions upon this head.

There are, among the multitude of Americans who are scattered about the various parts of Europe, some, we hope many, who wish to take the oath of allegiance, and to have some mode prescribed by which they may be enabled to send their vessels and cargoes to America with safety from their own friends, American men of war, and privateers. Will it not be practicable for Congress to prescribe some mode of giving registers of ships, some mode of evidence to ascertain the property of cargoes, by which it might be made to appear to the cruisers and Court of Admiralty, that the property belonged to Americans abroad? If Congress should appoint Consuls, could not such power be given to them, or would Congress empower their Commissioners or any others? Several persons from England have applied to us to go to America; they profess to be friends to liberty, to republics, to America; they wish to take their lot with her, to take the oath of allegiance to the States, and to go over with their property. We hope to have instructions upon this head, and a mode pointed out for us to proceed in.

In observance of our instructions to inquire into M. Holker's authority, we waited on his Excellency, the Count de Vergennes, presented him with an extract of the letter concerning him, and requested to know what authority M. Holker had. His Excellency's answer to us was, that he was surprised, for that M. Holker had no verbal commission from the ministry; but that M. de Vergennes, being informed that M. Holker was going to America, desired him to write to him, from time to time, the state of things and the temper of the people.

We have given orders to M. Bonfield, at Bordeaux, to ship to America twentyeight 24 pounders, and twentyeight 18 pounders, according to our instructions. By his answer to us it will take some little time, perhaps two or three months, to get those cannon at a good rate, and in good condition.

Our distance from Congress obliges us very often to act without express instructions, upon points in which we should be very glad to have their orders. One example of which is, the case of the American prisoners in England. Numbers have been taken and confined in gaols; others, especially masters of vessels, are set at liberty. We are told there are five hundred yet in England. Many have escaped from their prisons, who make their way to Paris, some by the way of Holland, others by Dunkirk, and others by means of smuggling vessels in other ports in this kingdom. They somehow get money to give gaolers in order to escape, then they take up money in England, in Holland, in Dunkirk, and elsewhere, to bear their expenses to Paris, then they apply to us to pay their other expenses, and expenses to Nantes, Brest, and other seaport towns. When arrived there, they apply to the American agent for more money; besides this, bills of their drawing are brought to us from Holland, and other places; all this makes a large branch of expense. We have no orders to advance money in these cases, yet we have ventured to advance considerable sums; but the demands that are coming upon us from all quarters are likely to exceed so vastly all our resources, that we must request positive directions whether we are to advance money to any prisoners whatever. If to any, whether to merchants, and seamen of private vessels, and to officers and crews of privateers, as well as to officers and men in the Continental service. We have taken unwearied pains, and have put the United States to very considerable expense, in order to give satisfaction to these people, but all we have done has not the effect; we are perpetually told of discontented speeches, and we often receive peevish letters from these persons in one place and another, that they are not treated with so much respect as they expected, nor furnished with so much money as they wanted. We should not regard these reflections if we had the orders of Congress.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

FOOTNOTES:

[52] It is thus in the original, but it will have been seen, that there are three short letters to Congress between July 20th and September 17th.

* * * * *

M. NECKER TO THE COUNT DE VERGENNES.

Translation.

Paris, September 18th, 1778.

Sir,

I conclude from your note of the 5th instant, that the Commissioners of the North American Congress have informed you, that there are many Americans in England, and other parts of Europe, who, desirous of returning to their country, have requested permission to transport their effects through France, without being subjected to the payment of duties.

Such an exemption would be contrary to all rule, and could only be granted by means of passports, which would indemnify the public chest; you will doubtless see that such is not the case here.

This favor, however, can be shown them. The transit regularly gives occasion for a duty on the importation, and a second on the exportation; only one of these shall be imposed; it shall be paid at the office of entry; the effects shall be estimated at a very moderate rate if they are not new; they shall then be transported with free permits, and under seal, to secure them from new examinations on the route, until they leave the kingdom. I think you will agree, that it would not be possible to grant them more favorable terms. I beg you to request the Commissioners to make known to us those Americans, for whom this favor is requested, that I may give the necessary orders, and prevent all abuses in this respect.

I have the honor to be, &c.

NECKER.

* * * * *

TO THE AMERICAN PRISONERS IN PLYMOUTH, OR ELSEWHERE IN GREAT BRITAIN.

Passy, September 20th, 1778.

Gentlemen,

Although we have not written to you directly for some time, you may be assured we have not been unmindful of your interests, your comfort, or your liberty. We have been engaged a long time in negotiating a cartel of exchange. This work we found attended with many difficulties, but at last have obtained assurances from England, that an exchange shall take place. We have also obtained from the government of this kingdom, a passport for a vessel to come from England to Nantes, or L'Orient, with American prisoners, there to take in British prisoners in exchange. We now sincerely hope that you will obtain your liberty. We cannot certainly say, however, that all will be immediately exchanged, because we fear we have not an equal number to be sent to England. Those that remain, if any, will be those who have been the latest in captivity, and consequently have suffered the least.

While the British government refused to make any agreement of exchange, the Commissioners here never discouraged their countrymen from escaping from the prisons in England, but on the contrary have lent several sums of money, sufficient with great economy to bear their expenses to some seaport, to such as have made their way hither. But, if the British government should honorably keep their agreement to make a regular exchange, we shall not think it consistent with the honor of the United States to encourage such escapes, or to give any assistance to such as shall escape. Such escapes, hereafter would have a tendency to excite the British administration to depart from the cartel, to treat the prisoners remaining with more rigor, and to punish those that escape, if retaken, with more severity.

On the other hand, we have now obtained permission of this government to put all British prisoners, whether taken by continental frigates or by privateers, into the King's prisons, and we are determined to treat such prisoners precisely as our countrymen are treated in England, to give them the same allowance of provisions and accommodations and no other. We, therefore, request you to inform us with exactness what your allowance is from the government, that we may govern ourselves accordingly.

We have the honor to be, with much respect and affection, your countrymen and humble servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Versailles, September 21st, 1778.

Gentlemen,

I have had the honor of receiving your note of the 17th instant. I have no doubt that my observations on the necessity of a perfect reciprocity between the two nations, in regard to recaptures at sea, appear to you just. I am sorry that you have not at hand a copy of the laws of the United States relative to this subject. Many difficulties, which the distance of the two countries may render very frequent, might thus have been prevented. The laws of Massachusetts Bay, referred to by Captain M'Neil, are different from those of England, and somewhat resemble the French. The English regulations seem to be more favorable to the interests of commerce, (which should never be lost sight of even in war,) by allowing half of the vessel in all cases to the original owner. But it is particularly important, that the different States should adopt some uniform and permanent system in regard to this subject, so that there may not be different regulations for each State, which the ignorance of the commanders of privateers will prevent them from applying to different circumstances, thus giving rise to difficulties, which might be avoided by uniform legislation.

With regard to the recapture of the Isabella by Captain M'Neil, I have merely indicated to you the grounds on which the owners rested their claims in their letter to me. It is not the province of the government to examine them; that matter comes under the jurisdiction of the courts; if their sentence should be unfavorable to the original owners, you will certainly agree that a third, or even a half, of the value of the vessel ought to be deposited in the hands of a public officer appointed for that purpose, until the two nations shall agree upon some reciprocal regulations concerning vessels recaptured from the common enemy.

I have the honor to be, &c.

DE SARTINE.

* * * * *

M. DE SARTINE TO COUNT DE VERGENNES.

Translation.

Versailles, September 21st, 1778.

Sir,

I have had the honor to receive your note of the 5th instant, informing me of the wish of the Commissioners of the United States of North America to engage your good offices with the king, that the necessary measures may be taken to fulfil his Majesty's engagements, under the 8th article of the treaty of February 6th of the present year, in reference to the Barbary Powers. I have examined the article, and find that the king promised to employ his mediation, with the Emperor of Morocco, and the other Barbary Powers, in order to provide as fully as possible for the interest and security of the citizens of the United States, and the protection of their vessels and effects against all violence, insult, attacks, or depredations by the said Barbary Powers or their subjects.

From the nature of this engagement, it appears to me proper to use all means to comply with it, notwithstanding any difficulties which seem to lie in the way; but before presenting any plan to his Majesty, it seems to me necessary to inform him of the actual dispositions of the United States, and of the measures they may deem desirable on the part of France.

Do the United States wish to conclude treaties with the Barbary Powers, or do they wish merely that our influence should be exerted to make their flag respected by those powers? In the latter case we should never succeed, or if we should obtain liberty of commerce for the United States from some of them, it would be an illusory, temporary, and precarious permission, and would infallibly expose us, without being of the least benefit to the citizens of the United States. The Algerines, in particular, would never acknowledge the flag of the United States, unless it were made for their interests to do so.

You know too well, Sir, the character of the Barbary States, and their policy, to be ignorant of the inefficacy and dangers of such a measure. It would probably be less difficult to induce them to acknowledge the independence of the United States, and to conclude treaties with this new power. It is necessary to know beforehand, what are the instructions of the Commissioners, and whether they are authorised to negotiate with the Barbary Powers, under the mediation of France. If Congress has this intention, then I could receive the orders of the king to give the Commissioners the information necessary for entering upon a negotiation with the Barbary Powers, and we should be able to concert effectual measures for succeeding in this object, without exposing our own interests for those of the United States. This negotiation will be long and arduous, but I will neglect nothing to assure its success, if the Congress determine to prosecute it, and you consider the king pledged to forward it. I shall wait for your reply before making any overtures.

I have the honor to be, &c.

DE SARTINE.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Passy, 22d September, 1778.

Sir,

This will be delivered to you by Mr Jonathan Loring Austin, who was sent the last year express to France, with the news of the convention of Saratoga. He has resided chiefly in this kingdom from that time, and has been employed in the service of the public a part of the time, and his behavior from first to last has given entire satisfaction to us. We think it our duty, therefore, to recommend him to Congress as a gentleman of merit, of ability and diligence in business, zealously attached to the cause of his country, and of exemplary prudence and decency.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

E. T. VAN BERCKEL TO M. DUMAS.

Translation.

Amsterdam, September 23d, 1778.

Sir,

I have the honor to transmit to you herewith the declaration, which I am authorised to make, in order to prevent any mistake as to the intentions of the burgomasters of the city of Amsterdam; since it will be made evident by the above mentioned declaration, that they have not the absurd design of concluding a convention independently of their High Mightinesses, but only to make such preparations as are possible to accelerate the conclusion of a treaty of commerce, when the opportunity shall present. It is plain, that a treaty of commerce cannot be concluded, unless the principal commercial city of the republic gives its consent thereto, and that it cannot give its consent without having examined the terms. This examination may as well precede, as follow the acknowledgment of the independence of America by the English, in which case we should gain much time.

With regard to the terms, I will explain my own views, Sir, in a very few words, viz. that, in general, we should grant each other mutually all the facilities necessary to render commerce as free as possible, and that for this purpose we should take the treaty between France and America as the basis, changing nothing except those provisions, which cannot be applicable in the republic.

If this principle accord with the views of Congress on this subject, I will have the above mentioned treaty examined by experienced merchants, and communicate to you their opinion with regard to the additions, or omissions, necessary to negotiate a treaty of commerce between the republic and the United States of America on that basis.

If you wish for any further explanations, I beg you, Sir, to give me information, but I think the views I have proposed so simple, that nothing further will be necessary.

I have the honor to be, Sir, &c.

E. T. VAN BERCKEL.

* * * * *

Declaration of E. T. Van Berckel.

Translation.

Amsterdam, September 23d, 1778.

The undersigned, Pentionary of the city of Amsterdam has the honor to make known to those who are duly authorised by the Congress of the United States of America, that he is empowered by the Burgomasters of the aforementioned city, to declare in their names, that, provided the said Congress do not enter into any engagements with the English Commissioners, which may be hurtful or prejudicial to the commerce of the republic of the United Provinces, directly or indirectly, the aforesaid Burgomasters on their side will be entirely disposed, as far as depends on them, so to direct the course of affairs, that whenever the independence of the said United States of America shall be recognised by the English, a perpetual treaty of amity shall be concluded between this republic and the aforesaid United States, containing the most extensive reciprocal advantages in relation to the commerce of the subjects of the two powers.

The undersigned has the honor further to declare, that it is the will of said Burgomasters, that this declaration may be employed, as shall be thought expedient, with the necessary precaution that it shall not come to the knowledge of those interested, to prevent, if possible, or at least to obstruct the execution of a plan, which has no other object than to promote mutual happiness and the true interests of the two republics.

E. T. VAN BERCKEL.

* * * * *

COUNT DE VERGENNES TO THE COMMISSIONERS.

Translation.

Versailles, September 24th, 1778.

Gentlemen,

By your note of the 28th of August, you requested free entry, with exemption from all duties, of the effects of many Americans in Europe, desirous of returning to their country. I have communicated your request to M. Necker, and send you herewith his reply. You will see in it the reasons which render it impossible to comply with your wishes, and the arrangements which can be made to favor the Americans, who wish to send their effects to America by the way of France.

I have the honor to be, Gentlemen, &c.

DE VERGENNES.

* * * * *

TO WILLIAM LEE.

Passy, September 26th, 1778.

Sir,

We have considered, with some attention, the papers which you have laid before us, containing a project of a treaty to be made between the republic of the United Provinces, and that of the United States of America.

As Congress have intrusted to us the authority of treating with all the States of Europe, excepting such as have a particular commission designed by Congress to treat with them; and as no particular Commissioner has been appointed to treat with their High Mightinesses, we have already taken such measures as appeared to us suitable to accomplish so desirable a purpose, as a friendship between nations so circumstanced as to have it in their power to be extremely beneficial to each other in promoting their mutual prosperity. And we propose to continue our endeavors in every way consistent with the honor and interest of both.

But we do not think it prudent, for many reasons, to express at present any decided opinion concerning the project of a treaty, which you have done us the honor to communicate to us.

We cannot, however, conclude without expressing our real disposition to treat upon an object, which, besides laying the foundation of an extensive commerce between the two countries, would have a very forcible tendency to stop the effusion of human blood, and prevent the further progress of the flames of war.

We have the honor to be, with the utmost respect, Sir, your most obedient humble servant,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO RALPH IZARD.

Passy, 26th September, 1778.

Sir,

Last evening we had the honor of an answer from the Count de Vergennes to our letter respecting your goods. We enclose a copy of it to you, and believe it will be advisable for you to wait on M. de Sartine; perhaps he may, at first, recollect the article of the treaty, as M. de Vergennes appears not to have done.

We have the honor to be, with great respect, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO COUNT DE VERGENNES.

Passy, September 26th, 1778.

Sir,

We had last evening the honor of your Excellency's letter of the 24th of this month, in answer to ours of the 28th ult. relative to the liberty for Americans to pass through this kingdom with their effects in their way home, duty free, enclosing a copy of a letter from M. Necker to your Excellency upon the same subject. We shall take the liberty to pursue the rules prescribed by M. Necker, as there may be occasion.

At the same time we had the honor of your Excellency's letter of the 25th, relative to Mr Izard's goods.

The question your Excellency mentions, we apprehend cannot arise in this case, whether an enemy's ship makes merchandise the enemy's, because by the 16th article of the treaty of commerce, your Excellency will recollect, "that an exception is made of such goods and merchandise as were put on board such ships before the declaration of war, or after such declaration, if it were done without the knowledge of such declaration. Ignorance of the declaration of war not to be pleaded after two months."

Mr Izard's goods were shipped before any declaration of war, or at least, two months had not passed away after the first appearance of war, and before they were shipped.

We have referred Mr Izard to his Excellency M. de Sartine, and shall have the honor to apply to him ourselves, according to your Excellency's advice, as early as possible.

We have the honor to be, with the most perfect consideration, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO M. DE SARTINE.

Passy, September 26th, 1778.

Sir,

The honorable Ralph Izard, Minister from the United States to the Grand Duke of Tuscany, having ordered his baggage to Italy from London, has had the luck to have it taken in an English vessel, and carried into Marseilles. We have written to the Count de Vergennes on the subject, who referred us to your Excellency.

We apprehend, that by the 16th article of the treaty of commerce, Mr Izard has a clear right to a restitution of his goods. But perhaps it will be necessary for your Excellency to transmit to Marseilles a copy of the treaty, or some order relative to this property of Mr Izard, which we have the honor to request.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

COUNT DE VERGENNES TO THE COMMISSIONERS.

Translation.

Versailles, September 27th, 1778.

Gentlemen,

In your letter of the 28th ult. you remind me of the promise of the king, by the 8th article of the treaty of amity and commerce, signed the 6th of February last, to use his exertions with the Barbary Powers to provide for the security of the commerce and navigation of the citizens of the United States in the Mediterranean. I have communicated your request to M. de Sartine, to whose department it belongs, and you will see by the reply of that minister, of which I send you a copy, that he considers it reasonable, but requires further explanations before he can receive the orders of the king on this matter. I beg you gentlemen, to have the goodness to communicate them to me, and to be assured that the king will cheerfully do all in his power to satisfy the wishes of the United States, and promote their views with the different Barbary powers.

I have the honor to be, Gentlemen, &c.

DE VERGENNES.

* * * * *

TO M. DE SARTINE.

Passy, September 27th, 1773.

Sir,

We have received the letter, which your Excellency did us the honor to write to us on the 21st inst. relative to the Isabella, retaken from a Guernsey privateer, by Captain M'Neil, in the General Mifflin.

It is extremely probable, that Count d'Estaing has retaken several American vessels from the English; we shall no doubt soon have intelligence what has been done in those cases.

We have advised Captain M'Neil to leave one third of the produce of the Isabella in the hands of such public officer, as your Excellency shall point out, to be repaid to him, or restored to the original proprietor of the Isabella hereafter, according to the rule which, shall be adopted by the two nations, and to this Captain M'Neil has agreed. Captain M'Neil will have the honor of delivering this letter to your Excellency, and is ready to give your Excellency any assurance you may require of him, and to take the charge of your despatches respecting this affair; if your Excellency is disposed to do him the honor to trust them to his care.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO M. DUMAS.

Passy, September 27th, 1778.

Sir,

We received yours in which you hint, that it is wished by some of our friends, that the Commissioners would propose a treaty to your government. It would really be a great pleasure to them to be instrumental in cementing a union between the two republics of Holland and the United States, by a treaty of amity and commerce, similar to that lately concluded with France, or varying where circumstances might require it. But having received no answer from the Grand Pentionary to a letter they respectfully wrote to his Excellency some months since, expressing their disposition to such a good work, they apprehend that any further motion of that kind, on their part, would not at present be agreeable; though they still hold themselves ready to enter upon such a treaty, when it shall seem good to their High Mightinesses.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM BINGHAM.

Philadelphia, September 28th, 1778.

Sir,

Your several favors up to the 28th of July came duly to our hands, and, having been communicated to Congress, were received as agreeable proofs of your regular correspondence. The papers which you enclosed are with the Marine Committee, who will doubtless take occasion soon to report upon the contents. This will be conveyed to you in a small schooner, which, perhaps is not fit for a winter's return to this coast. You will determine in conjunction with the Captain, whether to send her back immediately, or to make the best use of her for the public in your neighborhood, till a proper month for her return. She is confided thus to your discretion.

No absolute judgment can at this instant be formed of the intended movements of the enemy. A course of Dunlap's papers will convey to you a general insight into the posture of our military affairs. It is not probable that any considerable decision in the field will take place this fall; and the councils in Britain appear to be for relinquishing the mad project of subjugating us by arms.

It was to give conveyance to the letters of the French Minister, that the bearer was at this season despatched to Martinique; so that you will get further information of our affairs through the General, with whose confidence you are so much honored. You will herewith receive the second volume of the Journals of Congress, but lately published. And as it was uncertain whether you had ever received the first, that also is sent; the index at least will be new to you, and serviceable.

We are, Sir, &c.

R. H. LEE, JAMES LOVELL.

* * * * *

TO COUNT DE VERGENNES.

Passy, 1st October, 1778.

Sir,

We have received the letter, which your Excellency did us the honor to write to us on the 27th of last month, together with a copy of a letter from the Minister of the Marine to your Excellency, of the 21st of the same month.

Convinced of the propriety of those eclaircissements which his Excellency demands, we had recourse to our various instructions from Congress, and although we have power and instructions to treat and conclude treaties with all the European Powers, to whom no particular Minister has been sent by Congress, yet we cannot find that our powers extend to conclude treaties with the Barbary States.

We are, nevertheless, instructed to endeavor to obtain passes for vessels of the United States and their subjects from those powers, through the mediation and influence of His Most Christian Majesty, which we therefore request his Excellency to endeavor to procure, provided he sees no danger in the attempt, or material objections to it.

We have, however, the honor to agree with his Excellency in opinion, that an acknowledgment of the independence of the United States, on the part of these powers, and a treaty of commerce between them and us, would be beneficial to both, and a negotiation to that end not unlikely to succeed; because there has been heretofore some trade between them and us, in the course of which our people and vessels were well received.

We therefore submit to his Excellency's judgment, either to commence a negotiation for passes for American vessels immediately, or to wait until we can write to Congress, and obtain power to treat with those States, and conclude treaties of commerce with them, when we shall request to commence and conclude the negotiation through the mediation and under the auspices of his Majesty. We have the honor to request his Excellency's advice hereupon.

We address this to your Excellency, as we have done many other things, which we suppose may be referred to other departments, because your Excellency being the Minister for Foreign Affairs, we have understood that we have no right to apply in the first instance to any other. But if we have been misinformed and ill-advised in this, and there is no impropriety in our making immediate application to other Ministers, upon subjects we know to be in their departments, we request your Excellency to give us an intimation of it; and for the future we will avoid giving unnecessary trouble to your Excellency.

We have the honor to be, with sentiments of most entire respect,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO M. DE SARTINE.

Passy, October 2d, 1778.

Sir,

We have the honor of your Excellency's letter of yesterday's date, requiring us to give to the Sieur Fagan all the security in our power for these vessels to transport the merchandise of France to England.

We have the honor to acquaint your Excellency, that we have accordingly given the Sieur Fagan three different requests in writing, to all commanders of American armed vessels to let the said vessels and cargoes pass without molestation, which was all the security that the laws of our country have empowered us to give.

We have the honor to be, with most entire consideration, your Excellency's most obedient servant,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

M. DE SARTINE, TO THE COMMISSIONERS.

Translation.

Versailles, October 7th, 1778.

Gentlemen,

I have had the honor, to receive your letter of the 26th ult., in which you support the pretensions of Mr Izard, Minister of the United States for Tuscany, who claims the effects captured in the English ship, the Nile, by the Cesar privateer from Marseilles. You have made a mistake in citing the 16th article of the treaty between his Majesty and the United States; the 14th article relates particularly to the subject. It contains, however, only the usual provisions of commercial treaties, founded on the law of nations, and I cannot see that it applies rigorously to the present case. Mr Izard is not named in the account of the goods of which he demands the restoration. There are no papers, which prove that those articles, shipped by an Englishman, addressed to Senior Martinelli for the Abbe Niccoli, are not on account of English subjects. If the government had the decision of the question without the interference of the Court, certainly, Gentlemen, your assertion and that of Mr Izard would be of very great weight. But his Majesty has granted to the captors the whole of the property captured; the Board of Prizes has adjudged the ship Nile a lawful capture, by their decree of the 20th ult.

Placed between the Prize Court, the captors, and the claimant, the government cannot undertake to decide on this subject; it could pursue that course only in case the laws were not applicable to the point in question; but here the laws are known, they decide on claims for goods shipped before the commencement of hostilities; and in having recourse to the tribunals, Mr Izard may expect from them all the justice and favor, which the citizens of the United States will always experience in France.

I have the honor, &c.

DE SARTINE.

* * * * *

THE AMBASSADOR OF NAPLES TO THE COMMISSIONERS.

Translation.

Paris, 8th October, 1778.

Gentlemen,

I am persuaded that you already know that the king of the Two Sicilies, my master, has ordered the ports of all his dominions to be kept open to the flag of the United States of America, for which reason, to avoid every possible mistake at this time, when the seas are covered with the privateers of different nations, and likewise with pirates, I request you to inform me of the colors of the flag of the United States of America, and likewise of the form of the clearances, the better to know the legality of the papers which it is customary to present in ports, to gain free admission.

I have the honor to be, &c.

THE AMBASSADOR OF NAPLES.

* * * * *

TO THE AMBASSADOR OF NAPLES.

Passy, 9th October, 1778.

Sir,

We are this moment honored with your Excellency's letter of the 8th of this month, and we thank your Excellency for the information, that his Majesty the king of the Two Sicilies, has ordered the ports of his dominions to be open to the flag of the United States of America. We should be glad to have a copy of his Majesty's edict for that purpose, in order to communicate it to Congress, who we are confident will be much pleased with this mark of his Majesty's benevolence.

It is with pleasure that we acquaint your Excellency, that the flag of the United States of America consists of thirteen stripes, alternately red, white, and blue; a small square in the upper angle, next the flag-staff, is a blue field with thirteen white stars, denoting a new constellation.

Some of the States have vessels of war distinct from those of the United States; for example, the vessels of war of the State of Massachusetts Bay have sometimes a pine tree, and those of South Carolina, a rattlesnake, in the middle of the thirteen stripes. Merchant ships have often only thirteen stripes, but the flag of the United States ordained by Congress, is the thirteen stripes and thirteen stars above described.

The commissions of ships of war belonging to the United States, as well as those of privateers, are all signed by the President of Congress, and countersigned by the Secretary. Each State may have a different method of clearing vessels, outward bound, and a different form in the papers given, therefore we are not able to give your Excellency certain information respecting all of them. The Massachusetts Bay has only a naval officer in each port, who subscribes a register, a clearance, and a pass for the Castle in Boston harbor.

We have the honor to be, &c.

B. FRANKLIN, JOHN ADAMS.

* * * * *

TO M. DE SARTINE.

Passy, 12th October, 1778.

Sir,

The letter your Excellency did us the honor to write to us the 7th of this month we duly received.

In our letter of the 26th of last month, respecting the goods of Mr Izard, on board the Nile, we cited the 16th article of the treaty of commerce, in support of Mr Izard's claim, which your Excellency thinks an error, and that it is the 14th article which most nearly relates to his case. We cited the article as it stood in the original treaty, where it is the 16th. Your Excellency cites it as it stands in the treaty now agreed to be amended, leaving out two articles, the 11th and 12th. But your Excellency and we mean all the same article, which appears to us to apply to Mr Izard's case, as clearly, strictly and fully, as it could have been contrived to do, if his case had been in contemplation at the time when the treaty was made, and specially meant to be provided for. The words of the article are, "that such goods as were put on board any ship belonging to an enemy before the war, or after the declaration of the same, without the knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored, without delay, to the proprietor, demanding the same. Ignorance of the declaration of war, not to be pleaded more than two months after the declaration."

Now by the bill of lading, which we had the honor to enclose to your Excellency, it appears, that the goods were shipped in the month of April last; at a time when certainly two months had not elapsed from and after the declaration of war. But if other evidence of this fact, viz. the time when these goods were shipped, is necessary, Mr Izard can certainly obtain it from England, although it would be attended with a good deal of trouble and expense.

As to the question, whether the goods are Mr Izard's property or not, Mr Izard, in a letter to us dated the 10th of this month, assures us, that his name is in many of the books, and that one of the boxes contains a great number of his papers with his name upon them. That the testimony of his merchant in London, who shipped the things, shall be procured, if necessary, and likewise that of the merchant in Leghorn, and the Abbe Niccoli, to whom they are addressed.

We are only desirous of what is right, and as we hold ourselves bound to do all in our power to assist our fellow citizens in maintaining their rights, and of omitting no advantage that they are entitled to by the treaty, and as the treaty is so express that goods so circumstanced shall be restored without delay, and upon demand; and as Mr Izard apprehends he ought not to be put to the trouble, delay, and expense of a lawsuit on this occasion, we have thought it our duty to write again to your Excellency on the subject.

We are sensible, that his Majesty has granted the whole of the property, which shall be taken from the enemy and shall be lawful prize, to the captors, and the encouragement of adventurers in this way is of so much importance to our country, as well as to this, that we wish them to enjoy all the profits and advantages of their prizes. But the captors in this case must be sensible, that the goods belonged to a friend, not an enemy, and therefore not included in his Majesty's grant.

We beg leave to lay another subject before your Excellency. There are, we are informed, on board the Fox and the Lively, as there are in almost every ship in Admiral Keppel's and Lord Howe's fleets, numbers of American seamen, who abhor the service into which, by one of the most extravagant flights of tyranny and cruelty that ever was heard of among men, they have been forced and compelled to fight against their country and their friends. These seamen we should be glad to deliver from the prisons in this kingdom, and from a misery and captivity infinitely more detestable on board of British men of war. We, therefore, beg leave to propose to your Excellency, that an inquiry be made, and a list taken of the natives of America among the crews of the Fox and Lively, and the men delivered to us. This would be attended with many happy consequences. It would relieve many of our countrymen from present confinement, and the most dismal prospects, and would furnish our vessels with a number of excellent sailors. It may be proper to inform your Excellency, that before this war began, one third part of the seamen, belonging to the then whole British empire, belonged to America. If we were able to command the services of all the sailors, it would be of great importance to the common cause; it would take away one third of the whole; those employed in the American service would be able to fight another third remaining to Great Britain, and consequently would leave to France no more than one third of the seamen, belonging to the British empire before the war, for France to contend with. But alas, this is not the case. Various causes, too many to be here explained, have concurred to prevent this. But we are very desirous of alluring back to their country as many as possible of those we have lost, and the plan we have now proposed to your Excellency appears to be one probable means of doing it. We shall suggest others hereafter, as opportunity occurs.

October 15th, 1778. Since the foregoing was written, we have received letters from Robert Harrison, John Lemon, Edward Driver, and John Nicols, prisoners in Denant Castle, representing that they were taken by English frigates, in American privateers, forced into the service on board the Fox, and now taken by the French, and praying that we would intercede for their liberty, that they may return, if possible, to their country.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

FROM JAMES LOVELL TO THE COMMISSIONERS.

Philadelphia, October 12th, 1778.

Gentlemen,

Congress having foreign affairs now under consideration, I shall not write to you on that subject, more especially as it is quite uncertain how the present papers will be conveyed. Nor shall I pretend to unravel to you the designs of the enemy. They are very inscrutable. The printers know as much as I do about them; therefore I send a few of the last prints of Dunlap, which, with the Boston papers, must decide you in opinion.

Your affectionate friend, &c.

JAMES LOVELL.

* * * * *

TO RALPH IZARD.

Passy, October 13th, 1778.

Sir,

We have the honor of enclosing to you a copy of M. de Sartine's answer to our application in support of your demand of your baggage, taken on board the Nile. We have, agreeably to your last letter, written again to M. de Sartine requesting him to stop the sale of the things, till you can make your objections to their being lawful prize.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO M. DE SARTINE.

Passy, October 13th, 1778.

Sir,

We had the honor of receiving your Excellency's letter of the 7th instant, to which we shall take the liberty of answering fully by another opportunity. As you mention that the prize was condemned on the 20th, Mr Izard is apprehensive, that the goods in question may be sold before the ordinary course of law can prevent it. He therefore desires us to request your Excellency to prevent that if possible. And we accordingly beg the favor of your Excellency to do so. We hope there is no impropriety in this; and that if there should be, you will impute it to our want of information on the manner of such proceedings here.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO THE AMERICANS TAKEN ON BOARD THE ENGLISH FRIGATES.

Passy, October 15th, 1778.

Gentlemen,

We have received a letter from Robert Harrison of the 7th of October, and another from John Lemon, Edward Driver, and John Nicols of the 12th, all prisoners in Denant Castle, all professing to be Americans, who have first been compelled into the service of their enemies, and then taken prisoners by the French.

You are not known to us, but your account of yourselves, considering the general conduct of the English of late, is not improbable. We cannot but feel a concern for all prisoners in such a situation, of whom, to the lasting dishonor of the British government and nation, there are too many on board almost every man of war in their service.

We have written to his Excellency the Minister of the Marine of this kingdom upon the subject, and sincerely hope that something may be done for your relief, and that of all other prisoners in your situation.

But great care must be taken that neither we, nor more especially the government of this kingdom, be imposed upon by attempts to set at liberty English, Irish, Scotch, or other sailors, disaffected to the American cause, or unprincipled in it. We, therefore, desire you to send us a list and a short account of all the sailors, prisoners with you, who were born in America, or have been in her service, and are willing to subscribe the declaration, and take the oath of allegiance to the United States of America, and to live and die by her cause. We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO M. DUMAS.

Passy, October 16th, 1778.

Sir,

We have received yours of the 2d instant, with the declaration signed by M. Van Berckel, and his explanatory letter to you; which gave us much pleasure, as they show the good disposition of that respectable body, the Burgomasters of Amsterdam, towards the United States of America, and their willingness, as far as may depend on them, to promote between the republic of the United Low Countries in Europe, and the said States, "A treaty of perpetual amity, containing reciprocal advantages with respect to commerce between the subjects of the two nations." As that body must be better acquainted than we, with the method of doing public business in their country, and appear to be of the opinion, that some previous steps can be taken by them, which may facilitate and expedite so good a work, when circumstances shall permit its coming under the consideration of their High Mightinesses, we rely on their judgment, and hereby request they would take those steps, as explained in M. Van Berckel's letter.

And they may be assured, that such a treaty as is described would, at this time, meet with no obstacles on the part of the United States of America, who have great esteem and respect for your nation; and that nothing will be wanting on our part to accomplish the end proposed. We would only remark, that the mentioning it in the declaration as a thing necessary to precede the conclusion of such a treaty, "that the American Independence should be acknowledged by the English," is not understood by us, who conceive there is no more occasion for such an acknowledgment before a treaty with Holland, than there was before our treaty with France. And we apprehend, that if that acknowledgment were really necessary, or waited for, England might endeavor to make an advantage of it in the future treaty of pacification, to obtain for it some privileges in commerce, perhaps, exclusive of Holland. We wish, therefore, that idea to be laid aside, and that no further mention may be made to us of England in this business.

We are, Sir, your most obedient humble servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Marly, October 19th, 1778.

Gentlemen,

I have received the two letters, with which you have honored me on the subject of the claims of Mr Izard to goods captured in the Nile. I observed to you, in my letter of the 17th inst. that the government could only interfere when the laws were insufficient; and that its interposition would be misplaced, when they were plain and precise. You must feel all the justice of this principle better than any person whatever, and I do not doubt that cases may occur in which you may yourselves appeal to it.

The capture of the Nile, and of her cargo, has been declared good. To order a particular restitution, and deprive the captors of property, which they have acquired provisionally at least, would be an interference of the government with the laws, and would introduce a dangerous precedent in the proceedings established by his Majesty relative to prizes. The more firmly you are convinced that the claims of Mr Izard are conformable to the treaty, the more ready you should be to believe, that they will be favorably received, and the expenses of a suit are inconsiderable. It is true, that they might have been avoided, if Mr Izard's property had been shown before the first sentence, because then it would only have been necessary to prove the property, which seems to me indisputable; but in the present state of things I am sorry that it is impossible for him to avoid the necessary forms, to which his Majesty has subjected his allies, as well as his own subjects.

I have the honor to be, &c.

DE SARTINE.

* * * * *

TO RALPH IZARD.

Passy, October 22d, 1778.

Sir,

We have just now the honor of a letter from M. de Sartine, dated the 19th, which we suppose is his Excellency's ultimatum concerning your effects taken in the Nile, and we therefore take the earliest opportunity to enclose you a copy of it, that you may be able to take your measures in consequence of it, in which we suppose there is no time to be lost.

We have the honor to be, with great respect, Sir, yours, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Marly, October 20th, 1778.

Gentlemen,

I have replied only to the first part of your letter of the 12th inst.; the second also contains important matter. It would, doubtless, be desirable to restore to their country the American seamen, who have been retained by the force of habit or by compulsion in the English service, and to gain the double advantage of increasing the strength of the Americans, while we destroy that of the enemy. But the means appear to me as difficult as to yourselves, and in the present state of things, we cannot flatter ourselves that we shall succeed in the attempt.

You request, at the least, that the citizens of the United States, taken since the commencement of hostilities in the English service, should be surrendered to you. This general demand requires a serious attention, and I shall lay it before his Majesty. With respect to the four prisoners, whose liberation you more particularly request, it is with great pleasure, that I transmit orders to Denant, to place them at your disposal.

I have the honor to be, &c.

DE SARTINE.

* * * * *

M. DUMAS TO THE COMMISSIONERS.

Translation.

Hague, October 27th, 1778.

Gentlemen,

I received your favor of the 16th last Saturday. It is precisely what I should have desired. The Grand Pentionary is highly pleased with it. I went the same day to read it to our friend, and gave him a copy attested by my signature. It gave him much pleasure, and he has repeatedly assured me that it would be extremely agreeable to the Burgomasters of the city, whom he was eager to inform how you would answer to the measure he had engaged them to adopt, in procuring from them authority to make the declaration[53] and write me the letter, of which you have copies, and the duplicates of which are lodged in the city-house. He urged me to assure you, that the mention of England was not introduced with the design of making any thing depend on the pleasure of that power, but merely to show the situation of the city, which, for the present, can only wish that the English may be prevented from making any further opposition to our mutual connexion. In fine, he is now prepared to act on his return, at a convenient opportunity.

The memorial of the merchants has been presented to their High Mightinesses. Herewith I transmit that presented to the Prince last Saturday. Our friend remitted it to me the same day, and I have thought it deserving of a translation for your inspection. He inquired anxiously for good news from America, and I replied, that the situation of America was by no means critical, and that I was less anxious about it than about this republic.

M. de Welderen has sent the reply of Lord Suffolk to the representations of their High Mightinesses. "The Court of London," he says, "is willing to restore all the vessels seized, with costs and charges, and to pay for the naval stores which it shall retain; but its ambassador will submit to their High Mightinesses a proposition to alter the treaties on this point, and to consent to declare these articles contraband in future."

Fortunately, unanimity is necessary to grant this consent, and Amsterdam will not allow even the entering upon such a negotiation. Suffolk adds, as a proof of his king's moderation, "that he has not yet called for the aid which the republic is obliged by treaties to furnish him;" as if the republic had guarantied to England the monopoly of America. This is extraordinary. Three of us here believe, that this letter was not written in England, and has only returned hither.

The Secretary of their High Mightinesses is very much piqued, on account of the freedom with which the Committee of merchants addressed him, who, by reason of his equivocal answer, accused him of being in the English interest, like the majority of the chief men here. It is said, that it is truth only which is offensive.

I have finished the translation of the opinion of the city of Amsterdam, inserted in the Acts of the Republic, September 8th. I am preparing copies of it for you, Gentlemen, and for Congress. When yours is finished, I shall forward it with the request, that you will have two copies of it made by a skilful and exact French copyist, and send them to Congress as duplicates and triplicates of that, which I shall transmit to it from this place; for on the one hand, I consider this paper important and useful to the United States, both for the precise and authentic information which it affords relative to the present condition, political, military, &c. of this republic, and as an example of the evils it has drawn upon itself for the last century, by interfering too much with the imaginary balance of power, and with the wars of the European States, thus imposing upon itself the burden of a standing army, which has swallowed up its navy and subjected it to an imperious rival, &c. &c.; and on the other hand, this long paper occupies my time, which is valuable to me, and fatigues my hand, which unfortunately is not steady. My translation has been approved by our friend. It would be well to have it translated into English also, and if you had a translator who understood Dutch, I could transmit you the original.

I am, Gentlemen, &c.

DUMAS.

FOOTNOTES:

[53] See Van Berckel's Declaration, above, p. 457, dated Sept 23d.

* * * * *

TO E. T. VAN BERCKEL, BURGOMASTER OF AMSTERDAM.

Passy, October 29th, 1778.

Sir,

Upon maturely considering the letter and declaration, which we have had the honor of receiving from you, we are of opinion, that there are some propositions relative to that business, which can only be properly discussed in a personal interview. We therefore wish that you, or a person authorised by you, would meet one of us at Aix-la-Chapelle, or any other place, which you may judge more convenient, for conducting this business with the most perfect secrecy.

Should this proposal meet with your approbation, you will have the goodness to apprise us of the time and place you think proper for the interview. It may be proper, that we should inquire for one another, whenever we meet, under fictitious names; the fixing upon which we also wish to leave to you.

We shall be glad of an answer as soon as is convenient to you; and have the honor to be, with great respect, Sir, your most obedient, and most humble servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO COUNT DE VERGENNES.

Passy, October 29th, 1778.

Sir,

We have the honor to inform your Excellency, that we are ready to execute and exchange the declarations, concerning the omission of the 11th and 12th articles of the treaty of commerce, and to request your Excellency to appoint a day to wait on your Excellency for that purpose.

We have the honor to be, with the greatest respect, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

COUNT DE VERGENNES TO THE COMMISSIONERS.

Translation.

Versailles, October 30th, 1778.

Gentlemen,

I have received the reply, with which you honored me, regarding the arrangements to be made with the Barbary powers, for the protection of the American flag in the Mediterranean. Before the king can make any efforts to forward your views in this respect, I think it proper, that you should be provided with full powers from Congress, and that you should be not only authorised to propose the presents, which you may be expected to bestow, but also supplied with the necessary funds to satisfy these expectations. When all these preliminaries shall be complied with, you may rest assured, Gentlemen, that the king will hasten to forward, as far as he is able, the wishes and views of Congress. I have the honor to be, &c.

DE VERGENNES.

* * * * *

TO M. DE SARTINE.

Passy, October 30th, 1778.

Sir,

We have been honored with your letter of the 26th of October, and we thank your Excellency for the prompt and generous manner in which you have given liberty to four of our countrymen, who were among the prisoners at Denant. Such examples of benevolence cannot fail to make a lasting impression on the American mind.

Since the receipt of your Excellency's letter, we have received another from the American prisoners at Brest, by which it appears, that there are ten of them, from four of whom only we had received letters when we wrote before, the other six having written to us, but their letters miscarried. We enclose a copy of this last letter, and have the honor to request a similar indulgence to all the ten.

By a letter we received last night from L'Orient, we have the pleasure to learn, that three vessels bound to the coast of Brazil have been taken by his Majesty's frigates, or by French cruisers, and sent into that port. It is very probable that the three masters of these vessels and every one of their sailors are Americans.

We are happy in this opportunity of communicating to your Excellency some intelligence, which we have been at some pains to collect, and have good reason to believe exactly true. The English last year carried on a very valuable whale fishery on the coasts of Brazil, off the River Plate in South America, in the latitude 35 south, from thence to 40, just on the edge of soundings, off and on, about the longitude 65 from London. They have this year about seventeen vessels in the fishery, which have all sailed in the months of September and October. All the officers and almost all the men belonging to those seventeen vessels are Americans, from Nantucket and Cape Cod in Massachusetts, excepting two or three from Rhode Island, and perhaps one from Long Island. The names of the Captains are Aaron Sheffield of Newport; Goldsmith and Richard Holmes from Long Island; John Chadwick, Francis May, Reuben May, John Meader, Jonathan Meader, Elisha Clark, Benjamin Clark, William Ray, Paul Pease, Reuben Fitch, Zebedee Coffin, and another Coffin, all of Nantucket; John Lock, Cape Cod; Delano, Nantucket; Andrew Swain, Nantucket; William Ray, Nantucket. Four or five of these vessels go to Greenland; the fleet sails to Greenland the last of February or beginning of March.

There was published last year in the English newspapers, and the same imposture has been repeated this year, a letter from the Lords of the Admiralty to Dennis de Berdt, in Coleman street, informing him that a convoy should be appointed to the Brazil fleet. But this, we have certain information, was a forgery, calculated merely to deceive American privateers, and that no convoy was appointed or did go with that fleet, either last year or this.

For the captivity of a fishery so entirely defenceless, (for not one of the vessels has any arms) a single frigate or privateer of twentyfour or even twenty guns would be quite sufficient. The beginning of December would be the best time to proceed from hence, because they would then find the whale vessels nearly loaded. The cargoes of these vessels, consisting of bone and oil, will be very valuable, and at least 450 of the best kind of seamen would be taken out of the hands of the English, and might be gained into the American service to act against the enemy. Most of the officers and men wish well to their country, and would gladly be in its service if they could be delivered from that they are engaged in. But whenever the English men of war or privateers have taken an American vessel, they have given to the whalemen among their crews their choice, either to go on board a man of war and fight against their country, or to go into the whale fishery. So many have chosen the latter, as to make up most of the crews of seventeen vessels.

We thought it proper to communicate this intelligence to your Excellency, that if you found it compatible with his Majesty's service to order a frigate from hence, or from the West Indies, to take from the English at once so profitable a branch of commerce, and so valuable a nursery of seamen, you may have an opportunity of doing it; if not, no inconvenience will ensue.

We have the honor to be, &c.

B. FRANKLIN, JOHN ADAMS.

[Mr Lee did not sign, but objected to the acknowledgment of giving up the American subjects, captured in the enemy's vessels, as being a favor.]

* * * * *

COUNT DE VERGENNES TO THE COMMISSIONERS.

Translation.

Versailles, October 31st, 1778.

Gentlemen,

You request that a day be fixed for the interchange of declarations relative to the omission of the eleventh and twelfth articles of the treaty of commerce. If next Monday, November 2d, is convenient to you, I should be glad to have the honor to receive you, and I flatter myself you will do me the honor to dine with me on that day.

I have the honor to be, &c.

DE VERGENNES.

* * * * *

M. DUMAS TO THE COMMISSIONERS.

Translation.

Hague, November 4th, 1778.

Gentlemen,

The gentlemen from Amsterdam have returned with more strict instructions from their constituents. They will be followed, perhaps, by a third memorial, more forcible than the preceding. If the same evasions continue to be practised, Amsterdam will display other resources, which have not yet been communicated to me. The subject of the convoy will be discussed next week. Sir J. Yorke presented a memorial the day before yesterday, more moderate in its tone, but equally insidious in reality, on behalf of his Court. 1. It demands the appointment of Commissioners, with whom he may consult to settle the intent of the treaties relative to the articles, which it is desired to prohibit. 2. It declares that his Court is desirous, that the republic would not grant the convoys in question, as it cannot consent to allow the above mentioned articles to pass. He will find formidable adversaries from Amsterdam, who are firmly resolved on an absolute negative on these two points. A certain great personage, and the Grand Pentionary, are already prepossessed on the subject. The irritation against the English gains also in some of the nobility.

The project, with which you are acquainted, is prepared with some changes and additions on the basis already known to you. It is in the hands of the Burgomasters, who will examine the whole; after which a copy will be delivered to me, that I may also transmit one to you, to be examined by you in the same manner, and that your observations thereon may be communicated to them through me.

I have been assured on behalf of the Burgomasters, that it is not their intention to leave our future connexions dependent on Great Britain; on the contrary, it is their wish, that in course of time, their High Mightinesses may adopt a better system of measures, than is at present possible; this circumstance they have thought ought not to be concealed from you any more than their present situation, their wishes, and their expectation that you will be ready to concur in the steps, which it shall be in their power to take towards realising them.

On the whole, Gentlemen, I cannot give you a more clear idea of the whole matter, than the following; we correspond with a minority, which has this advantage over that of England, that if this republic will not declare itself our friend, it cannot be our enemy, on account of the unanimity required by the constitution; this circumstance alone is of high importance, and ought to persuade us to assist and confirm that minority.

Every time I see our friend, he begs me not to fail to communicate to him immediately any good news I may receive from America. He makes too good a use of such information to allow any delay on my part.

The two letters, for which I am indebted to Mr A. Lee, have been inserted in the Leyden Gazette. The Courier of the Lower Rhine contains a fine eulogy on Mr Joseph Reed, member of Congress; it is deserving of your notice. I wish I could send you the paper, but I have only one copy, which I am about to forward to Congress.

I am, &c.

DUMAS.

* * * * *

TO M. DE SARTINE.

Passy, November 16th, 1778.

Sir,

We have the honor of your Excellency's letter of the 6th of this month, but as the memoir of the French surgeon, which your Excellency proposed to transmit to us, was by some accident omitted to be enclosed in your letter, we are ignorant of his case, and consequently unable to inform your Excellency whether it is in our power to afford him any relief. If your Excellency will have the goodness to send us the memoir, we will answer your letter without delay.

In the meantime we may acquaint your Excellency, that the United States have not adopted any precautions for sending succors to their subjects imprisoned in England. We have ventured, without orders or permission from the United States, to lend small sums of money to persons who have escaped from irons and dungeons in Great Britain, to bear their expenses to Nantes, L'Orient and Bordeaux. But we have sent no succor to them while in England, except a small sum of money, put into the hands of Mr Hartley, to be disposed of by him for the relief of such as should most want it.

We shall consider every Frenchman, taken by the English on board of American vessels, in the same light as if he was an American by birth, and entitled to the same assistance from us as Americans are in the same situation.

We have the honor to be, &c. &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Passy, November 7th, 1778.

Sir,

We have the honor to enclose a copy of the declaration concerning the 11th and 12th articles of the treaty of commerce, which we have received from his Excellency the Secretary of State for Foreign Affairs, in exchange for a similar one signed by us, in pursuance of the instructions of Congress.

We have also the honor to enclose copies of a correspondence with his Excellency M. de Sartine, the Secretary of State for the Marine, concerning cases of recaptures, that Congress may, if they judge proper, take some resolution on this head; it seems to be equitable, that the same rule should be observed by both nations.

We also enclose copies of a correspondence on the subject of negotiation with the Barbary States. We do not find ourselves authorised to treat with those powers, as they are not in Europe, and indeed we are not furnished with funds for making them presents.

We have had the honor of a copy from the Auditor General, enclosing the form of bills of exchange to be drawn upon us, for the interest due upon loan office certificates, and acquainting us that this interest will amount to two millions and a half of livres annually. When it was proposed to pay the interest here, we had no idea of so much being borrowed. We shall pay the most punctual obedience to these and all other orders of Congress, as long as our funds shall last. But we are obliged to inform Congress, that expenses on prisoners being great, and being drawn upon by the order of Congress from various quarters, and receiving no funds from America, we suffer the utmost anxiety, lest we should be obliged to protest bills. We have exerted ourselves to the utmost of our power to procure money, but hitherto with little success. And we beg that some supplies may be sent us as soon as possible. We are very sorry that we are not able to send to Congress those supplies of arms, ammunition, and clothing, which they have ordered; but it is absolutely impossible, for the want of funds, and M. Beaumarchais has not yet informed us, whether he will execute the agreement made for him with you or not.