The Online Library of Liberty

A project of Liberty Fund, Inc.

• Official Letters, Messages, and Public Papers.
• Introductory Note.
• 28 Nov. 1777: The President of Congress to John Adams.
• 3 Dec. 1777: The President of Congress to John Adams.
• The Committee of Foreign Affairs to John Adams.
• To Henry Laurens, President of Congress.
• To the Committee of Foreign Affairs.
• Baron De Kalb to John Adams.
• ( Inclosed With the Foregoing. ) Baron De Kalb to the Comte De Broglie.
• Baron De Kalb to M. Moreau.
• 9 Jan. 1778: The Marquis De La Fayette to John Adams.
• The President of Congress to John Adams.
• To the Marquis De La Fayette.
• The Commissioners to M. De Sartine. 2
• To the Committee of Commerce.
• M. De Sartine to the Commissioners.
• The Commissioners to M. De Sartine.
• The Commissioners to the President of Congress.
• To the President of Congress.
• The Commissioners to the Committee of Foreign Affairs.
• M. De Sartine to the Commissioners. ( Translation. ) 1
• The Commissioners to M. De Sartine.
• The Commissioners to Count De Vergennes.
• The Commissioners to M. De Beaumarchais.
• The Commissioners to Count De Vergennes.
• To M. Le Ray De Chaumont.
• M. Le Ray De Chaumont to John Adams. ( Translation. )
• M. De Sartine to the Commissioners. ( Translation. )
• The Commissioners to M. De Sartine.
• The Commissioners to the President of Congress.
• To the American Prisoners In Forton, Plymouth, Or Elsewhere In Great Britain.
• To Ralph Izard.
• To Benjamin Franklin.
• Ralph Izard to John Adams.
• To Ralph Izard.
• Benjamin Franklin to John Adams.
• The Commissioners to William Lee.
• Ralph Izard to John Adams.
• The Commissioners to John Ross.
• The Commissioners to Count De Vergennes.
• To Ralph Izard.
• Arthur Lee to John Adams.
• To Arthur Lee.
• Arthur Lee to John Adams.
• M. Genet 1 to John Adams.
• The Committee of Foreign Affairs to John Adams.
• M. Genet to John Adams.
• The Commissioners to M. De Sartine.
• The Commissioners to M. Schweighauser.
• The Commissioners to the President of Congress.
• The Commissioners to M. De Sartine.
• The Commissioners to Count De Vergennes.
• To the President of Congress.
• The Commissioners to Dr. Price.
• The Commissioners to John Ross.
• 1 Jan. 1779: The Commissioners to Count De Vergennes.
• The Commissioners to John Lloyd and Others.
• To Count De Vergennes.
• Count De Vergennes to John Adams.
• To the Committee of Foreign Affairs.
• To M. De Sartine.
• To Count De Vergennes.
• Count De Vergennes to John Adams.
• To the Marquis De Lafayette.
• To Count De Vergennes.
• To the President of Congress.
• M. De Sartine to John Adams.
• Benjamin Franklin to John Adams.
• M. De Lafayette to John Adams.
• To Benjamin Franklin.
• Benjamin Franklin to John Adams.
• Benjamin Franklin to John Adams.
• ( Inclosed With the Preceding. ) M. De Sartine to Benjamin Franklin.
• Arthur Lee to John Adams.
• To Arthur Lee.
• To the President of Congress.
• To the President of Congress.
• To the President of Congress.
• To the Treasury Board.
• The Chevalier De La Luzerne to John Adams.
• The Chevalier De La Luzerne to Captain Chavagnes.
• M. De Marbois to John Adams.
• To M. De Sartine.
• To M. De La Luzerne.
• To M. De Marbois.
• The President of Congress to John Adams.
• To the President of Congress.
• 15 Feb, 1780: To the President of Congress.
• To the Marquis De Lafayette.
• To M. Genet.
• M. De Lafayette to John Adams.
• M. Genet to John Adams. ( Translation. )
• To the President of Congress.
• To M. Genet.
• To General Knox.
• To Captain Landais.
• To the President of Congress.
• Arthur Lee to John Adams.
• William Lee to John Adams.
• To the President of Congress.
• Arthur Lee to John Adams.
• To the President of Congress.
• Count De Vergennes to John Adams. ( Translation. )
• To Count De Vergennes.
• William Lee to John Adams.
• To Arthur Lee.
• To William Lee.
• To W. Carmichael.
• T. Digges to John Adams. ( Extract. )
• To the President of Congress.
• William Carmichael to John Adams.
• To Count De Vergennes.
• John Jay to John Adams.
• To M. Genet.
• Count De Vergennes to John Adams.
• W. Carmichael to John Adams. ( Without Date. )
• T. Digges to John Adams. ( Extract. )
• To M. Genet.
• M. Genet to John Adams.
• To M. Genet. 1
• From the Count De Vergennes.
• From the Count De Vergennes.
• To W. Carmichael.
• To Count De Vergennes.
• To John Jay.
• To T. Digges. 1
• To John Jay.
• To M. Genet.
• M. Genet to John Adams.
• To M. Genet.
• To the Count De Vergennes.
• Count De Vergennes to John Adams. ( Translation. )
• To Arthur Lee.
• M. Genet to John Adams.
• M. Genet to John Adams.
• To the President of Congress
• To Count De Vergennes.
• ( Extract Inclosed ) Richard Cranch to John Adams.
• To Count De Vergennes.
• ( Extract Inclosed. ) Elbridge Gerry to John Adams.
• Count De Vergennes to John Adams. ( Translation. 1 )
• To Count De Vergennes.
• To Count De Vergennes.
• To Benjamin Franklin.
• To Thomas Digges.
• Queries By B. Franklin.
• Answer to the Queries.
• To the President of Congress.
• To the President of Congress.
• To Thomas Jefferson.
• To B. Franklin.
• Count De Vergennes to John Adams. ( Translation. )
• To Count De Vergennes.
• To Count De Vergennes.
• ( Inclosed Extract. ) B. Rush to John Adams.
• William Lee to John Adams.
• The Committee of Foreign Affairs to John Adams.
• The Committee of Foreign Affairs to John Adams.
• To Count De Vergennes.
• David Hartley to John Adams.
• To Count De Vergennes.
• To William Lee.
• Count De Vergennes to John Adams. ( Translation. )
• To Count De Vergennes.
• To the President of Congress.
• Count De Vergennes to John Adams. ( Translation. )
• Observations On Mr. Adams’s Letter of 17th July, 1780. ( Translation. )
• To Count De Vergennes.
• Count De Vergennes to John Adams. ( Translation. )
• The President of Congress to John Adams.
• To the President of Congress.
• David Hartley to John Adams.
• To Benjamin Franklin.
• To John Luzac. 1
• To the President of Congress.
• Francis Dana to John Adams.
• To David Hartley.
• John Luzac to John Adams.
• To John Luzac.
• To the President of Congress.
• To the President of Congress.
• To M. Van Vollenhoven.
• From M. Van Blomberg.
• From M. Van Blomberg.
• From M. Mylius.
• Benjamin Franklin to John Adams.
• To M. Dumas.
• Twenty-six Letters Upon Interesting Subjects Respecting the Revolution of America, Written In Holland, In the Year Mdcclxxx
• To Mr. Calkoen.
• M. Bicker to John Adams. ( Translation. )
• Benjamin Franklin to John Adams.
• To Thomas Digges.
• To Benjamin Franklin.
• Baron Van Der Capellen to John Adams.
• Benjamin Franklin to John Adams.
• To Baron Van Der Capellen.
• To B. Franklin.
• To the President of Congress.
• The Committee of Foreign Affairs to John Adams.
• M. Dumas to John Adams.
• To M. Van Blomberg.
• From M. Van Blomberg.
• To M. Bicker.
• M. Dumas to John Adams.
• From M. Bicker. ( Translation. )
• To M. Bowens.
• ( Memorandum On the Foregoing Letter. )
• To M. Dumas.
• To M. Bicker.
• From M. Bicker. ( Translation. )
• To Commodore Gillon.
• To the President of Congress.
• To the President of Congress.
• To Baron Van Der Capellen.
• To M. John Luzac.
• To Benjamin Franklin.
• Baron Van Der Capellen to John Adams.
• To B. Franklin.
• To the President of Congress.
• To Baron Van Der Capellen.
• The Committee of Foreign Affairs to John Adams.
• To the President of Congress.
• The President of Congress to John Adams.
• Baron Van Der Capellen to John Adams.
• To the President of Congress.
• To the President of Congress.
• 1 Jan. 1781: The President of Congress to John Adams.
• Francis Dana to John Adams.
• To the President of Congress.
• The President of Congress to John Adams.
• To Francis Dana.
• To Baron Van Der Capellen.
• To M. Dumas.
• M. Dumas to John Adams.
• To M. Dumas.
• To Messrs. John De Neufville and Sons.
• To M. Dumas.
• To Francis Dana.
• To Benjamin Franklin.
• To M. Bicker.
• M. Bicker to John Adams.
• Benjamin Franklin to John Adams.
• To M. Bicker.
• To M. Dumas.
• To M. Dumas.
• A Memorial to the States-general. to Their High Mightinesses, the States-general of the United Provinces of the Low Countries.
• To the Prince De Galitzin, Minister of the Empress of Russia.
• To M. Van Berckel, First Counsellor Pensionary of the City of Amsterdam.
• To the Duc De La Vauguyon, Ambassador of France At the Hague.
• M. Dumas to John Adams.
• M. Dumas to John Adams.
• To Messrs. John De Neufville and Sons.
• To Francis Dana.
• The Duke De La Vauguyon to John Adams.
• M. Dumas to John Adams.
• To M. Dumas.
• To the President of Congress.
• To M. Dumas.
• To Francis Dana.
• To Messrs. John De Neufville and Sons.
• To John Jay.
• To the President of Congress.
• To B. Franklin.
• M. Dumas to John Adams.
• To the Duc De La Vauguyon.
• To B. Franklin.
• The Duc De La Vauguyon to John Adams.
• Francis Dana to John Adams.
• To Francis Dana.
• M. Dumas to John Adams.
• To Peter Van Bleiswyck.
• To M. Fagel.
• Memorial to Their High Mightinesses, the States-general of the United Provinces of the Low Countries.
• Memorial to the Prince of Orange.
• Benjamin Franklin to John Adams.
• M. Dumas to John Adams.
• To the Duke De La Vauguyon.
• To the President of Congress.
• M. Dumas to John Adams.
• To M. Dumas.
• To the President of Congress.
• To John Laurens.
• To the Duke De La Vauguyon.
• The Duc De La Vauguyon to John Adams.
• To the President of Congress.
• To the President of Congress.
• M. Dumas to John Adams.
• To M. Dumas.
• To Benjamin Franklin.
• To M. Dumas.
• To the President of the Assembly of the States-general.
• M. BÉrenger to John Adams.
• M. Dumas to John Adams.
• To M. BÉrenger.
• To the President of Congress.
• To the President of Congress.
• M. Dumas to John Adams.
• To Count De Vergennes. 1
• M. De Rayneval to John Adams. ( Translation. )
• To M. De Rayneval.
• To the President of Congress.
• Articles to Serve As a Basis to the Negotiation For the Reëstablishment of Peace. ( Translation. )
• To Count De Vergennes.
• Answer of the Minister Plenipotentiary of the United States of America, to the Articles to Serve As a Basis to the Negotiation For the Reëstablishment of Peace.
• To the President of Congress.
• To Count De Vergennes.
• Count De Vergennes to John Adams. ( Translation. )
• To Count De Vergennes.
• To Count De Vergennes.
• To Count De Vergennes.
• The Committee of Foreign Affairs to John Adams.
• (private. Partly In Cipher.)
• To the President of Congress.
• Benjamin Franklin to John Adams.
• (inclosed In the Preceding.) the President of Congress to John Adams.
• To the President of Congress.
• To B. Franklin.
• Francis Dana to John Adams.
• Benjamin Franklin to John Adams.
• The Committee of Foreign Affairs to John Adams.
• To B. Franklin.
• Benjamin Franklin to John Adams.
• Francis Dana to John Adams.
• To the President of Congress.
• George Washington to John Adams.
• Benjamin Franklin to John Adams.
• To the Duc De La Vauguyon.
• To the Duc De La Vauguyon.
• To John Jay.
• To Benjamin Franklin.
• To John Jay.
• To the President of Congress.
• To M. Dumas.
• The Duc De La Vauguyon to John Adams. ( Translation. )
• To John Luzac.
• To Francis Dana.
• John Jay to John Adams.
• To the President of Congress.
• To the Duke De La Vauguyon.
• The Duc De La Vauguyon to John Adams. ( Translation. )
• The Duc De La Vauguyon to John Adams. ( Translation. )
• 6 Jan, 1782: Baron Van Der Capellen to John Adams.
• To Baron Van Der Capellen.
• To the President of Congress.
• To B. Franklin.
• Benjamin Franklin to John Adams.
• To Secretary Livingston.
• To Secretary Livingston.
• David Hartley to John Adams.
• To B. Franklin.
• To M. De Lafayette.
• To Secretary Livingston.
• M. Dumas to John Adams.
• M. Dumas to John Adams.
• To John Jay.
• To the Duc De La Vaugyon.
• The Duke De La Vauguyon to John Adams. ( Translation. )
• To M. Bergsma.
• To M. De Lafayette.
• M. Dumas to John Adams.
• To Secretary Livingston.
• M. Dumas to John Adams.
• M. Dumas to John Adams. ( Without Date. )
• To M. Dumas.
• To Francis Dana.
• M. Dumas to John Adams.
• M. Dumas to John Adams.
• To John Luzac.
• M. Dumas to John Adams.
• T. Digges to John Adams.
• (inclosed In the Preceding.) D. Hartley to John Adams.
• To T. Digges.
• To M. Dubbledemutz.
• M. Dumas to John Adams.
• M. Dumas to John Adams.
• To Benjamin Franklin.
• M. De Lafayette to John Adams.
• M. Dumas to John Adams.
• M. Dumas to John Adams.
• Traduction De La Résolution De Leurs Nobles Et Grandes Puissances Les Seigneurs États De Hollande Et De West Frise.
• M. Dumas to John Adams. ( Copie De Ma Lettre à Notre Ami. )
• To Peter Van Bleiswyck.
• Baron Van Der Capellen to John Adams.
• T. Digges to John Adams.
• To M. De Lafayette.
• C. De Gyselaer to John Adams.
• Baron Van Der Capellen to John Adams.
• To M. Dubbledemutz.
• The Duc De La Vauguyon to John Adams.
• To the Duc De La Vauguyon.
• B. E. Abbema to John Adams.
• To M. Abbema.
• To J. U. Pauli.
• John Luzac to John Adams.
• To Benjamin Franklin.
• To Secretary Livingston. 1
• To Secretary Livingston.
• To Secretary Livingston.
• To Secretary Livingston.
• To M. Hodshon.
• Proposals For Opening a Loan.
• M. Dumas to John Adams.
• (the Two Following Letters Explain the Preceding.) Jacob Nolet to John Adams.
• Jacob Nolet to M. Dumas.
• To M. Dumas.
• Verbal Message of C. W. F. Dumas to the City of Schiedam.
• To B. Franklin.
• M. De Lafayette to John Adams.
• W. and J. Willink, Nic. and Jac. Van Staphorst, and De La Lande and Fynje to John Adams.
• To Francis Dana.
• To Messrs. W. and J. Willink, N. and J. Van Staphorst, and De La Lande and Fynje.
• Messrs. Willink and Others to John Adams.
• To Secretary Livingston.
• To Messrs. W. and J. Willink and Others.
• Messrs. Willink and Others to John Adams.
• To M. De Lafayette.
• To Messrs. Willink and Others.
• To John Hodshon.
• To B. Franklin.
• To Secretary Livingston.
• To Secretary Livingston.
• C. L. Beyma to John Adams.
• E. F. Van Berckel to John Adams. ( Extract. )
• To M. Van Berckel.
• John Jay to John Adams.
• M. Van Berckel to John Adams.
• To M. Van Berckel.
• To John Jay.
• To Messrs. Willink and Others.
• To Mr. Mazzei.
• To John Jay.
• To Henry Laurens.
• To John Jay.
• To Henry Laurens.
• To Secretary Livingston.
• To Secretary Livingston.
• Henry Laurens to John Adams.
• To Secretary Livingston.
• To Secretary Livingston.
• To Francis Dana.
• To Secretary Livingston.
• To Secretary Livingston.
• To Secretary Livingston.
• Robert Morris to John Adams.
• John Jay to John Adams.
• To M. De La Fayette.
• M. Cerisier to John Adams.
• M. De Lafayette to John Adams.
• To John Jay.
• To Secretary Livingston.
• To Francis Dana.
• Francis Dana to John Adams. ( Secret and Confidential. )
• J. G. Holtzhey to John Adams.
• To Secretary Livingston.
• To B. Franklin.
• To Jean George Holtzhey.
• Benjamin Franklin to John Adams.
• To Robert Morris.
• To Henry Laurens.
• To Secretary Livingston.
• To Robert Morris.
• To Francis Dana.
• Appendix.
• (a. P. 452.)
• Extrait De La Réponse De La Cour De France Aux Propositions Faites Au Sujet Du Rétablissement De La Paix Par Les Cours De Petersbourg Et De Vienne.
• Proposition.
• RÉponse.
• Projet De Réponse Aux Trois Cours Belligérantes.
• RÉponse (mutatis Mutandis).
• Réponse De Sa Majesté Très Chrétienne à La Réplique Des Deux Cours Impériales.
• Extract From the Answer of the Court of France to the Propositions Made On the Subject of the Reëstablishment of Peace By the Courts of Petersburg and of Vienna.
• Proposition.
• Answer.
• Project of an Answer to the Three Belligerent Courts.
• Answer (mutatis Mutandis).
• Answer of His Most Christian Majesty to the Reply of the Two Imperial Courts.

THE MARQUIS DE LA FAYETTE TO JOHN ADAMS.

Head Quarters, 9 January, 1778.

Sir,—

As General Knox will have the pleasure to see you before your going to France, I take the liberty of intrusting him with the inclosed letter for you, which you will find very importune,1 but I hope you will excuse, on account of my being very desirous to let my friends hear from me by every opportunity. Such a distance, so many enemies are between me and every relation, every acquaintance of mine, that I will not reproach myself with any neglect in my entertaining with them the best correspondence I can. However, to avoid troubling you with too large a parcel of letters, I will send my despatches by two ways, as one other occasion is offered to me in this very moment. I must beg your pardon, sir, for making myself free enough to recommend you to some friends of mine in France; but as I do not believe you have many acquaintances in that country, I thought it would not be disagreeable to you, if I would desire Madame de la Fayette and the Prince de Poix to whom I write to introduce you to some of my other friends. Before indulging myself in that liberty, I asked the General Knox’s opinion, who told me that he did not find any thing amiss in it, although I had not the honor of your particular acquaintance.

I told General Knox some particular advices which I believed not to be disagreeable to you. I hope you will hear good news from here, and send very good ones from there. Such is the desire of a friend to your country and the noble cause we are fighting for. I wish you a pleasant and safe voyage, and with the highest esteem and greatest affection for a man to whom the hearts of every lover of liberty will be indebted forever, I have the honor to be, sir,

Your most obedient servant,

The Marquis de la Fayette.

THE PRESIDENT OF CONGRESS TO JOHN ADAMS.

Yorktown, 22 January, 1778.

Sir,—

On the 19th instant I had the honor of receiving and presenting to congress, your favor of the 23d ultimo, the contents of which afforded great satisfaction to the house. It is now the wish of every friend to American independence to learn speedily of your safe arrival at the Court of Versailles, where your sagacity, vigilance, integrity, and knowledge of American affairs, are extremely wanted for promoting the interest of these infant States. You are so well acquainted with our present representation in that part of Europe, and with the delays and misfortunes under which we have suffered, as renders it unnecessary to attempt particular intimations.

Inclosed you will find an act of the 8th instant for suspending the embarkation of General Burgoyne and his troops. Mr. Lovell has very fully advised you on that subject by the present opportunity; permit me to add, that I have it exceedingly at heart, from a persuasion of the rectitude and justifiableness of the measures, to be in the van of the British ministry and their emissaries at every court of Europe.

Baron Holzendorff presents his best compliments, and requests your care of the inclosed letter, directed to his lady. If I can possibly redeem time enough for writing to my family and friends in England, I will take the liberty by the next messenger to trouble you with a small packet; hitherto, all private considerations have been overruled by a constant attention to business of more importance; I mean since the first of November.

I have the honor to be, with great regard and esteem, sir,

Your most obedient and most humble servant,

Henry Laurens,President of Congress.

TO THE MARQUIS DE LA FAYETTE.

Braintree, 3 February, 1778.

Sir,—

I had yesterday the honor of receiving from the hand of my worthy friend, General Knox, your kind letter to me, together with five others, which, with submission to the fortune of war, shall be conveyed and delivered as you desire. I am happy in this opportunity to convey intelligence from you to your friends, and think myself greatly honored and obliged by your politeness and attention to me; a favor which makes me regret the more my misfortune, in not having had the honor heretofore of a more particular acquaintance with a nobleman who has endeared his name and character to every honest American and every sensible friend of mankind, by his efforts in favor of the rights of both, as unexampled as they were generous. I thank you, sir, for the kind advice communicated by General Knox,1 to which I shall carefully and constantly attend. Shall at all times be happy to hear of your welfare, and to have an opportunity of rendering you any service in my power.

I have the honor to be,
With the greatest respect and esteem, sir,
Your most obedient and obliged humble servant,

John Adams.

THE COMMISSIONERS TO M. DE SARTINE.2

Passy, 14 May, 1778.

Sir,—

In the several cruises made by Captains Wickes, Johnston, Cunningham, and others of our armed vessels, on the coast of Great Britain, it is computed that between four and five hundred prisoners have been made and set at liberty, either on their landing in France, or at sea, because it was understood that we could not keep them confined in France. When Captain Wickes brought in at one time near a hundred, we proposed to Lord Stormont an exchange for as many of ours confined in England; but all treaty on the subject was rudely refused, and our people are still detained there, notwithstanding the liberal discharges made of theirs, as above-mentioned. We hear that Captain Jones has now brought into Brest near two hundred, whom we should be glad to exchange for our seamen, who might be of use in expeditions from hence; but as an opinion prevails, that prisoners of a nation with which France is not at war, and brought into France by another power, cannot be retained by the captors, but are free as soon as they arrive, we are apprehensive that these prisoners may also be set at liberty, return to England, and serve to man a frigate against us, while our brave seamen, with a number of our friends of this nation, whom we are anxious to set free, continue useless and languishing in their jails.

In a treatise of one of your law writers, entitled Traité des Prises qui se font sur Mer, printed 1763, we find the above opinion controverted, p. 129, § 30, in the following words:—“Hence it seems that it is not true, as some pretend, that from the time a prisoner escapes, or otherwise reaches the shore of a neutral power, he is absolutely free. It is true, he cannot be retaken without the consent of that power, but such a power would violate the laws of neutrality if it should refuse its consent. This is a consequence of the asylum of the ship in which the prisoner or hostage was contained.”

We know not of what authority this writer may be, and, therefore, pray a moment of your Excellency’s attention to this matter, requesting your advice upon it, that, if it be possible, some means may be devised to retain these prisoners, till as many of ours can be obtained in exchange for them.

We have the honor to be, &c.

B. Franklin,

Arthur Lee,

John Adams.

TO THE COMMITTEE OF COMMERCE.

Passy, 24 May, 1778.

Gentlemen,—

I find that the American affairs on this side of the Atlantic are in a state of disorder, very much resembling that which is so much to be regretted on the other, and arising, as I suppose, from the same general causes, the novelty of the scenes, the inexperience of the actors, and the rapidity with which great events have succeeded each other. Our resources are very inadequate to the demands made upon us, which are perhaps unnecessarily increased by several irregularities of proceeding.

We have in some places two or three persons, who claim the character of American agent, agent for commercial affairs, and continental agent, for they are called by all these different appellations. In one quarter, one gentleman claims the character from the appointment of Mr. William Lee; another claims it from the appointment of the Commissioners at Passy; and a third from the appointment of the Commercial Committee of Congress. This introduces a triple expense, and much confusion and delay. These evils have been accidental, I believe, and unavoidable, but they are evils still, and ought to be removed.

One person at Bordeaux, another at Nantes, and a third perhaps at Havre de Grace or Dunkirk, would be amply sufficient for all public purposes, and to these persons all orders from congress, or the commercial committee, or the commissioners at Paris, ought to be addressed. To the same persons all public ships of war, and all other ships belonging to the United States, and their prizes, ought to be addressed; and all orders for the supplies of provisions, clothing, repairs of vessels, &c., as well as all orders for shipping of merchandises, or warlike stores for the United States, ought to go through their hands. We have such abuses and irregularities every day occurring as are very alarming. Agents of various sorts are drawing bills upon us, and the commanders of vessels of war are drawing upon us for expenses and supplies which we never ordered, so that our resources will soon fail, if a speedy stop is not put to this career.

And we find it so difficult to obtain accounts from agents of the expenditure of moneys, and of the goods and merchandises shipped by them, that we can never know either the true state of our finances, or when and in what degree we have executed the orders of congress for sending them arms, clothes, medicines, or other things.

In order to correct some of these abuses, and to bring our affairs into a little better order, I have constantly given my voice against paying for things we never ordered, against paying persons who have never been authorized, and against throwing our affairs into a multiplicity of hands in the same place. But the consequence has been so many refusals of demands and requests, that I expect much discontent will arise from it, and many clamors. Whether the appointment by congress of one or more consuls for this kingdom would remedy these inconveniences, I must submit to their wisdom.

I have the honor to be, &c.

John Adams.

M. DE SARTINE TO THE COMMISSIONERS.

Marly, le 6 Juin, 1778.

Je suis informé, Messieurs, que le sieur Bersolle, après avoir fait des avances assez considérables au Capitaine Jones, commandant la frégate des États Unis de l’Amérique, le Ranger, s’est fait donner par ce capitaine une lettre de change dont vous avez refusé de faire acquitter le montant. Comme le Sieur Bersolle se trouve par là dans l’embarras, et que vous sentirez sans doute qu’il est intéressant pour la conservation de votre crédit qu’il en soit tiré promptement, je suis persuadé que vous ne différerez pas de faire payer non seulement la lettre de change dont il s’agit, mais encore ce qui est dû par le Capitaine Jones, à la caisse de la marine à Brest, tant pour les effets qui lui ont été délivrés des magasins du roi, que pour sa subsistance personelle et celle de son équipage. Sur ce qu’il a représenté que les gens de son équipage avoient pillé du navire, le Chatham, beaucoup d’effets, dont une partie, consistant en argenterie, avoit été vendue à un Juif, il a été pris des informations au moyen desquelles l’argenterie et d’autres effets ont été retrouvés; mais le tout a été en dépôt pour y rester, jusqu’à ce que le capitaine soit en état de rembourser ce qui a été payé pour ces effets.

Je pense, au surplus, qu’il est à propos que vous soyez informés que ce capitaine, qui s’est brouillé avec son état major et avec tout son équipage, a fait mettre en prison le Sieur Simpson, son second. Vous jugerez, peut-être, à propos de vous procurer les éclaircissemens nécessaires pour savoir si ce principal officier s’est mis dans le cas de subir une pareille punition.

J’ai l’honneur d’être avec la plus parfaite considération, messieurs, votre très humble et très obéissant serviteur,

De Sartine.

THE COMMISSIONERS TO M. DE SARTINE.

Passy, 15 June, 1778.

Sir,—

We beg leave to inform your Excellency, in answer to the complaint of M. Bersolle, that he had formerly taken the liberty himself to draw on our banker for advances made to Captain Jones before his last cruise, and was much displeased that his draught was refused payment. We acquainted him then with the reason of this refusal, namely,—that he had sent us no accounts of his disbursements or advances, by which we might judge whether his draft was well founded; and he had never any permission to draw on our banker. However, afterwards, when we had seen his accounts, payment was made to him.

In the present case, it is said, he has advanced to Captain Jones a thousand louis, immediately on his arrival, for which the Captain has drawn on us in M. Bersolle’s favor. But as Captain Jones had not previously satisfied us of the necessity for this advance, nor had our permission for the draft, his bill was also refused payment. And as Captain Jones writes us, that, upon the news of our refusal, he was reduced to necessity, not knowing where to get victuals for his people, we conclude that the advance was not actually made, as it is impossible he should, in so short a time, have spent so large a sum. And we think it extremely irregular in merchants to draw bills before they send their accounts, and in captains of ships of war to draw for any sums they please without previous notice and express permission. And our captains have the less excuse for it, as we have ever been ready to furnish them with all the necessaries they desired, and Captain Jones in particular has had of us near a hundred thousand livres for such purposes, of which twelve thousand was to be distributed among his people to relieve their necessities, the only purpose mentioned to us for which this draft was made, and which we thought sufficient. If this liberty assumed of drawing on us, without our knowledge or consent, is not checked, and we are obliged to pay such drafts, it will be impossible for us to regulate our own contracts and engagements so as to fulfil them with punctuality, and we might in a little time become bankrupts ourselves. If, therefore, M. Bersolle has brought himself into any embarrassment, it is not our fault, but his. We are ready to discharge all debts we contract; but we must not permit other people to run us in debt without our leave; and we do not conceive it can hurt our credit if we refuse payment of such debts.

Whatever is due for necessaries furnished to Captain Jones by the Caisse de la Marine, at Brest, either from the magazine, or for the subsistence of his people, we shall also readily and thankfully pay as soon as we have seen and approve of the accounts; but we conceive that, regularly, the communication of accounts should always precede demands of payment.

We are much obliged by the care that has been taken to recover the goods pillaged from the Chatham, and we think the charges that have arisen in that transaction ought to be paid, and we suppose will be paid, out of the produce of the sales of that ship and her cargo.

We understand Lieutenant Simpson is confined by his captain for breach of orders; he has desired a trial, which cannot be had here, and, therefore, at his request, we have directed that he should be sent to America for that purpose.

We shall be obliged to your Excellency for your orders to permit the immediate sale of the Chatham and other prizes; that the part belonging to the captors may be paid them, as they are very uneasy at the delay, being distressed for want of their money to purchase clothing, &c., and we wish to have the part belonging to the Congress, out of which to defray the charges accruing on the ships. The difficulties our people have heretofore met with in the sale of prizes, have occasioned them to be sold, often for less than half their value. And these difficulties not being yet quite removed, are so discouraging, that we apprehend it will be thought advisable to keep our vessels of war in America, and send no more to cruise on the coast of England.

We are not acquainted with the character of Captain Batson; but if your Excellency should have occasion for a pilot on the coast of America, and this person, on examination, should appear qualified, we shall be glad that he may be found useful in that quality; and we are thankful to the Consul at Nice for his readiness to serve our countrymen.

With the greatest respect and esteem, we have the honor to be, your Excellency’s, &c.

B. Franklin,

Arthur Lee,

John Adams.

THE COMMISSIONERS TO THE PRESIDENT OF CONGRESS.

Passy, 20 July, 1778.

Sir,—

We have the honor to inform congress, that the Spy, Captain Niles, has arrived at Brest, and brought us a ratification of the treaties with His Most Christian Majesty, which has given much satisfaction to this court and nation. On the seventeenth instant we had the honor of exchanging ratifications with his Excellency, the Count de Vergennes. The treaties ratified, signed by his Majesty, and under the great seal of France, are now in our possession, where, perhaps, considering the dangers of enemies at sea, it will be safest to let them remain at present. Copies of them we shall have the honor to transmit to congress by this opportunity.

War is not yet declared between France and England, by either nation, but hostilities at sea have been already commenced by both; and as the French fleet from Brest, under the command of the Count d’Orvilliers, and the British fleet, under Admiral Keppel, are both at sea, we are in hourly expectation of a rencontre between them. The Jamaica fleet, the Windward Island fleet, and a small fleet from the Mediterranean, have arrived at London, which has enabled them to obtain, by means of a violent impress, perhaps a thousand or fifteen hundred seamen, who will man two or three ships more, in the whole, making Admiral Keppel’s fleet somewhat nearer to an equality with the French. In the mean time, the Spanish flotilla has arrived, but the councils of that court are kept in a secrecy so profound, that we presume not to say with confidence what are her real intentions. We continue, however, to receive from various quarters encouraging assurances; and, from the situation of the powers of Europe, it seems highly probable that Spain will join France in case of war.

A war in Germany between the Emperor and King of Prussia seems to be inevitable, and it is affirmed that the latter has marched his army into Bohemia, so that we apprehend that America has at present nothing to fear from Germany. We are doing all in our power to obtain a loan of money, and have a prospect of procuring some in Amsterdam, but not in such quantities as will be wanted. We are constrained to request congress to be as sparing as possible in their drafts upon us. The drafts already made, together with the great expense arising from the frigates which have been sent here, and the expenses of the commissioners, the maintenance of your ministers for Vienna and Tuscany,1 and of prisoners who have made their escape, and the amount of clothes and munitions of war already sent to America, are such, that we are under great apprehensions that our funds will not be sufficient to answer the drafts which we daily expect for the interest of loan office certificates, as well as those from Mr. Bringham.

We have the honor to inclose a copy of a letter from M. de Sartine, the Minister of Marine, and to request the attention of congress to the subject of it.

We are told in several letters from the honorable committee for foreign affairs, that we shall receive instructions and authority for giving up, on our part, the whole of the eleventh article of the treaty, proposing it as a condition to the Court of France, that they on their part should give up the whole of the twelfth. But, unfortunately, these instructions and that authority were omitted to be sent with the letters, and we have not yet received them. At the time of the exchange of the ratifications, we mentioned this subject to the Count de Vergennes, and gave him an extract of the committee’s letter. His answer to us was, that the alteration would be readily agreed to; and he ordered his secretary not to register the ratification till it was done. We therefore request that we may be honored with the instructions and authority of congress to set aside the two articles as soon as possible, and while the subject is fresh in memory.

The letter to M. Dumas is forwarded, and in answer to the committee’s inquiry, what is proper for congress to do for that gentleman, we beg leave to say, that his extreme activity and diligence in negotiating our affairs, and his punctuality in his correspondence with congress, as well as with us, and his usefulness to our cause in several other ways, not at present proper to be explained, give him, in our opinion, a good title to two hundred pounds sterling a year at least.

The other things mentioned in the committee’s letter to us shall be attended to as soon as possible. We have received also the resolution of congress of the ninth of February, and the letter of the committee of the same date, empowering us to appoint one or more suitable persons to be commercial agents, for conducting the commercial business of the United States in France and other parts of Europe. But as this power was given us before congress received the treaty, and we have never received it but with the ratification of the treaty, and as by the treaty congress is empowered to appoint consults in the ports of France, perhaps it may be expected of us that we should wait for the appointment of consuls. At present, Mr. John Bondfield of Bordeaux, and Mr. J. D. Schweighauser at Nantes, both by the appointment of Mr. William Lee, are the only persons authorized as commercial agents. If we should find it expedient to give appointments to any other persons, before we hear from congress, we will send information of it by the first opportunity. If congress should think proper to appoint consuls, we are humbly of opinion, that the choice will fall most justly, as well as naturally, on Americans, who are, in our opinion, better qualified for this business than any others; and the reputation of such an office, together with a moderate commission on the business they may transact, and the advantages to be derived from trade, will be a sufficient inducement to undertake it, and a sufficient reward for discharging the duties of it.

We have the honor to be, &c.

B. Franklin,

Arthur Lee,

John Adams.

TO THE PRESIDENT OF CONGRESS.

Passy, 27 July, 1778.

I thank you, my dear sir, for your kind congratulations on the favorable appearances in our American concerns, and for so politely particularizing one of the most inconsiderable of them, my safe arrival in France, which was after a very inconvenient passage of forty-five days.

Your letter to Mr. Izard I had the pleasure to send to him immediately in Paris, where he resides, the Court of Tuscany being so connected with that of Vienna, as to discourage hitherto his departure for Italy. He did me the honor of a visit yesterday, when we had much sweet communion, as the phrase is, upon American affairs.

Your other letter to your daughter-in-law, I have forwarded by a safe opportunity. You may depend upon my conveying your letters to any of your friends by the best opportunities, and with despatch. The more of your commands you send me, the more pleasure you will give me.

War is not declared, that is, no manifesto has been published, but each nation is daily manufacturing materials for the other’s manifesto, by open hostilities. In short, sir, the two nations have been at war ever since the recall of the ambassadors. The King of France has given orders to all his ships to attack the English, and has given vast encouragement to privateers.

The King of Great Britain and his council have determined to send instructions to their commissioners in America to offer us independency, provided we will make peace with them, separate from France. This appears to me to be the last effort to seduce, deceive, and divide. They know that every man of honor in America must receive this proposition with indignation. But they think they can get the men of no honor to join them by such a proposal, and they think the men of honor are not a majority. What has America done to give occasion to that King and council to think so unworthily of her?

The proposition is, in other words, this:—“America, you have fought me until I despair of beating you. You have made an alliance with the first power of Europe, which is a great honor to your country and a great stability to your cause; so great, that it has excited my highest resentment, and has determined me to go to war with France. Do you break your faith with that power, and forfeit her confidence, as well as that of all the rest of mankind forever, and join me to beat her, or stand by neuter, and see me do it, and for all this I will acknowledge your independency, because I think in that case you cannot maintain it, but will be an easy prey to me afterwards, who am determined to break my faith with you, as I wish you to do yours with France.”

My dear countrymen, I hope, will not be allured upon the rocks by the syren song of peace. They are now playing a sure game. They have run all hazards; but now they hazard nothing.

I know your application is incessant, and your moments are precious, and, therefore, that I ask a great favor in requesting your correspondence; but the interests of the public, as well as private friendship, induce me to do it.

I am, &c.

John Adams.

THE COMMISSIONERS TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, 29 July, 1778.

Gentlemen,—

We have the honor of your letters of May 14th and 15th. We congratulate you on the general good appearance of our affairs, and we are happy in your assurances, that it is your fixed determination to admit no terms of peace, but such as are consistent with the spirit and intention of our alliance with France, especially as the present politics of the British cabinet aim at seducing you from that alliance, by an offer of independence, upon condition you will renounce it; a measure that will injure the reputation of our States with all the world, and destroy its confidence in our honor.

No authority from congress to make an alteration in the treaty, by withdrawing the eleventh and twelfth articles, has yet reached us. But we gave an extract of your letter to the Count de Vergennes, when we exchanged ratifications, who expressed an entire willingness to agree to it. We wish for the powers by the first opportunity. We have not yet seen M. Beaumarchais, but the important concern with him shall be attended to as soon as may be.

We have the honor to be, &c.

B. Franklin,

Arthur Lee,

John Adams.

M. DE SARTINE TO THE COMMISSIONERS.

(Translation.)1

Versailles, 29 July, 1778.

Gentlemen,—

I have received the letter which you did me the honor to transmit on the 16th instant. His Majesty relies greatly on the succors of provisions which the government of Massachusetts Bay may furnish the islands of St. Pierre and Miquelon.

The difficulties which the privateers of the United States have experienced till now in the ports of France, either as to the sale of their prizes, or to secure their prisoners, must cease, from the change of circumstances. I make no doubt, on the other hand, but that the United States will grant the same facilities to French privateers. To accomplish this double object, I have drafted a plan of regulations, which I hasten to submit to you. I beg you to examine it, and to signify to me what you think of it; or else to point out other means to attain the same end, in order that I may take thereon his Majesty’s orders.

I have the honor to be, &c.

De Sartine.

THE COMMISSIONERS TO M. DE SARTINE.

Passy, 13 August, 1778.

Sir,—

Your Excellency’s letter of the 29th of July, inclosing a plan for a system of regulations for prizes and prisoners, we had the honor of receiving in due time, and are very sorry it has remained so long unanswered.

In general, we are of opinion, that the regulations are very good; but we beg leave to lay before your Excellency the following observations:—

Upon the second article we observe, that the extensive jurisdictions of the judges of admiralty in America, which, considering the local and other circumstances of that country, cannot easily be contracted, will probably render this regulation impracticable in America. In France, it will, as far as we are able to judge of it, be very practicable, and consequently beneficial. But we submit to your Excellency’s consideration, whether it would not be better in America after the words “les dits Juges”1 to add,—or the register of the court of admiralty, or some other person authorized by the judge. The jurisdictions of the courts of admiralty in America, extending for some hundreds of miles, this regulation would be subject to great delays and other inconveniences, if it was confined to the judge.

The fourth article seems to be subject to the same inconveniences, and, therefore, to require the same amendment.

Upon the fourteenth article, we beg leave to submit to your Excellency’s consideration, whether the heavy duties upon British merchandise and manufactures, if these are to be paid upon prize goods, will not operate as a great discouragement to the sale of prizes made by American cruisers; and whether it would not be consistent with his Majesty’s interest to permit merchandises and manufactures, taken in prizes made by Americans, to be stored in his Majesty’s warehouses, if you please, until they can be exported to America, and without being subject to duties.

We know not the expense that will attend these regulations and proceedings in the courts of this kingdom; but as the fees of office in America are very moderate, and our people have been accustomed to such only, we submit to your Excellency, whether it will not be necessary to state and establish the fees here, and make the establishments so far public, that Americans may be able to inform themselves.

As we are not well instructed in the laws of this kingdom, or in the course of the courts of admiralty here, it is very possible that some inconveniences may arise in the practice upon these regulations, which we do not at present foresee; if they should, we shall beg leave to represent them to your Excellency, and to request his Majesty to make the necessary alterations.

We submit these observations to your Excellency’s superior wisdom, and have the honor to be, with sentiments of the most perfect respect, your Excellency’s most obedient and most humble servants,

Arthur Lee,

John Adams.

Dr. Franklin concurs with us in these sentiments, but as he is absent, we are obliged to send the letter without his signature.

THE COMMISSIONERS TO COUNT DE VERGENNES.

Passy, 28 August, 1778.

Sir,—

There are several subjects which we find it necessary to lay before your Excellency, and to which we have the honor to request your attention.

At a time when the circumstances of the war may demand the attention of government, and, without doubt, call for so great expense, we are very sorry to be obliged to request your Excellency’s advice respecting the subject of money; but the nature of the war in America, the vast extent of country to defend, and this defence having been made chiefly by militia engaged for short periods, which often obliged us to pay more men than could be brought into actual service, and, above all, this war having been conducted in the midst of thirteen revolutions of civil government against a nation very powerful both by sea and land, have occasioned a very great expense to a country so young, and to a government so unsettled. This has made emissions of paper money indispensable, in much larger sums than in the ordinary course of business is necessary, or than in any other circumstances would have been politic. In order to avoid the necessity of further emissions as much as possible, the congress have borrowed large sums of this paper money of the possessors, upon interest, and have promised the lenders payment of that interest in Europe, and we therefore expect that vessels from America will bring bills of exchange upon us for this interest, a large sum of which is now due.

It is very true that our country is already under obligations to his Majesty’s goodness for considerable sums of money; the necessities of the United States have been such, that the sums, heretofore generously furnished, are nearly, if not quite expended; and when your Excellency considers that the American trade has been almost entirely interrupted by the British power at sea, they having taken so many of our vessels as to render this trade more advantageous to our enemy than to ourselves; that our frigates and other vessels which have arrived in this kingdom, have cost us a great sum; that the provision of clothing and all the munitions of war for our army, except such as we could make in that country, have been shipped from hence at our expense; that the expense we have been obliged to incur for our unfortunate countrymen, who have been prisoners in England, as well as the maintenance of those taken from the enemy, has been very considerable; your Excellency will not be surprised when you are informed that our resources are exhausted.

We, therefore, hope for the continuance of his Majesty’s generosity, and that the quarterly payment of seven hundred and fifty thousand livres may be continued. And we assure your Excellency, that the moment we are furnished with any other means of answering this demand, we will no longer trespass on his Majesty’s goodness.

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 this 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 although most persons will choose to lend their money to his Majesty, yet there may be others desirous of forming connections 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 connection between the two nations, so happily begun, or to insure to the French nation the benefits of the American trade, than relations of this kind.

By the eighth article of the treaty of commerce, his Majesty has engaged to employ his good offices and interposition 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 home, 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, 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 removing 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 have the honor to be, with respect, your Excellency’s, &c.

B. Franklin,

Arthur Lee,

John Adams.

THE COMMISSIONERS TO M. DE BEAUMARCHAIS.

Passy, 10 September, 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 Theresa to our orders.

In your letter to us, dated Passy, 8th September, 1778, you demand that the cargo arrived 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 Theresa as your proper vessel, because M. Monthieu claims her as his, produces a written contract for the hire and demurrage 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 contract 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 Theresa.

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 seventh article, respecting the annual supply of twenty-four millions 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 authorized for this purpose, at any time and place that they or you shall appoint.

We have the honor to be, sir,

Your most obedient and most humble servants,

B. Franklin,

Arthur Lee,

John Adams.

THE COMMISSIONERS TO COUNT DE VERGENNES.

Passy, 10 September, 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 authorized 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 sixth 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 inclosed, 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 Augustin 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 stated, 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 gratuitously 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 imposition.”

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 authorized and directed to apply to the house of Roderique Hortalez & Co. for such of the said articles as they shall not have previously purchased or contracted for;” “that copies of the invoices be delivered to Monsieur 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 inclose to your Excellency a copy of the contract made between the Committee and Monsieur Francy, a copy of Monsieur 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 obligation 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 or 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.

TO M. LE RAY DE CHAUMONT.

Passy, 15 September, 1778.

Sir,—

As our finances are, at present, in a situation seriously critical, and as I hold myself accountable to congress for every part of my conduct, even to the smallest article of my expenses. I must beg the favor of you to consider what rent we ought to pay you for this house and furniture, both for the time past and to come. Every part of your conduct towards me and towards our Americans in general, and in all our affairs, has been polite [Editor:?] and obliging, as far as I have had an opportunity of observing, and I have no doubt it will continue so; yet it is not reasonable that the United States should be under so great an obligation to a private gentleman, as that two of their representatives should occupy for so long a time so elegant a seat, with so much furniture and so fine accommodations, without any compensation; and in order to avoid the danger of the disapprobation of our constituents on the one hand, for living here at too great or at too uncertain an expense, and on the other, the censure of the world for not making sufficient compensation to a gentleman who has done so much for our convenience, it seems to me necessary that we should come to an éclaircissement upon this head.

As you have an account against the Commissioners, or against the United States, for several other matters, I should also be obliged to you, if you would send it in as soon as possible, as every day renders it more and more necessary for us to look into our affairs with the utmost precision.

I am, sir, with much esteem and respect,

Your most obedient, humble servant,

John Adams.

M. LE RAY DE CHAUMONT TO JOHN ADAMS.

(Translation.)

Passy, 18 September, 1778.

Sir,—

I have received the letter which you did me the honor to write to me on the 15th instant, making inquiry as to the rent of my house, in which you live, for the past and the future. When I consecrated my house to Dr. Franklin and his associates, who might live with him, I made it fully understood that I should expect no compensation, because I perceived that you had need of all your means to send to the succor of your country, or to relieve your countrymen escaping from the chains of your enemies. I pray you, sir, to permit this arrangement to remain, which I made when the fate of your country was doubtful. When she shall enjoy all her splendor, such sacrifices on my part will be superfluous, and unworthy of her, but at present, they may be useful, and I am most happy in obliging them to you.

There is no occasion for strangers, since you desire to avoid their strictures, to be informed of my proceeding in this respect. It is so much the worse for those who would not do the same if they had the opportunity, and so much the better for me to have immortalized my house, by receiving into it Dr. Franklin and his associates.

I have the honor to be, sir, with the most perfect respect, &c.

Le Ray de Chaumont.

M. DE SARTINE TO THE COMMISSIONERS.

(Translation.)

Versailles, 16 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 provisions of the ordinance of the marine of 1681, which adjudges to captors, the recaptured vessels, when they have been during twenty-four hours in the enemy’s hands, and which grants only a third for the charges of rescue, when they are retaken before the twenty-four 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 twenty-four 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 made to adopt the law of one of the two nations, which shall be observed by the respective privateers; and, in the mean time, I am persuaded you think with me that the American privateer, General Mifflin, ought not to exact in France more than the same advantage which, in a similar case, a French privateer would enjoy in North America.

This discussion, moreover, will not perhaps apply 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 tenth 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 could do no otherwise than see that the most prompt justice be rendered to the American privateer. I request, in any case, that you will be pleased to give me your opinion on the principal question, assuming the laws of the two nations to be different, with respect to reprisals or rescues.

I have the honor to be, &c.

De Sartine.

THE COMMISSIONERS TO M. DE SARTINE.

Passy, 17 September, 1778.

Sir,—

We have this morning the honor of 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 eighty 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 rescues 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 retaken within twenty-four hours, one third goes to the recaptors; after twenty-four hours until seventy-two hours, one half; after seventy-two hours and before ninety-six 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 tribunals, upon the simple question, whether she was retaken 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 to 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 law 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 to cruise 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 be admitted that the two nations are at war, we believe it would be without a precedent in the history of jurisprudence, to adjudge the subjects of any nation to be guilty of piracy for any act of hostility committed at sea against the subjects 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 even against 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 sovereign, 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.

THE COMMISSIONERS TO THE PRESIDENT OF CONGRESS.

Passy, 17 September, 1778.

Sir,—

The last letter which we have had the honor to write jointly to congress, was of the 20th of July, 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 insidious 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 very 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, Prussia, 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 a 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 some time 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 are excellent citizens, 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 to ships, some mode of evidence to ascertain the property of cargoes, by which it might be made to appear to the cruisers and to courts of admiralty, that the property belonged to Americans abroad? If congress should appoint consuls, could not some 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 instruction 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. Bondfield, at Bordeaux, to ship to America twenty-eight 24-pounders, and twenty-eight 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 jails; others, especially masters of vessels, are set at liberty. We are told that there are still five hundred 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 of this kingdom. They somehow get money to give jailers, 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 these past expenses, and to furnish them money to defray their 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 masters and seamen of private merchant 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.

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

Passy, 20 September, 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 Lorient 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 send 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 small 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 that remain 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.

TO RALPH IZARD.

Passy, 20 September, 1778.

Dear Sir,—

You have once or twice mentioned to me, in conversation, certain expressions in the treaty, relative to the fishery on the Banks of Newfoundland, which you apprehend may be liable to different constructions, and become the subject of controversy, if not the cause of war; but as it is very possible I may not have perfectly comprehended your meaning, I should be much obliged to you, if you would state it in writing, together with the historical facts, which are fresh in your memory, for the illustration of it.

If I understood you, your apprehension arises from the tenth article of the treaty.

“The United States, their citizens and inhabitants, shall never disturb the subjects of the most Christian King in the enjoyment and exercise of the right of fishing on the Banks of Newfoundland, nor in the indefinite and exclusive right which belongs to them on that part of the coast of that island which is designed by the treaty of Utrecht, nor in the rights relative to all and each of the isles which belong to His Most Christian Majesty; the whole conformable to the true sense of the treaties of Utrecht and Paris.

“Les États Unis, leurs citoyens et habitans, ne troubleront jamais les sujets du roi très chrétien, dans la jouissance et exercice du droit de pêche sur les bancs de Terre-neuve, non plus que dans la jouissance indéfinie et exclusive qui leur appartient sur la partie des côtes de cette isle designée dans le traité d’Utrecht, ni dans les droits rélatifs à toutes et chacune des isles qui appartiennent à sa Majesté très chrétienne; le tout conformément au véritable sens des traités d’Utrecht et de Paris.”

You mentioned to me the names of two places, from the one of which to the other, the French formerly claimed a right to fish and to exclude all other nations, and that such a right was claimed in the negotiation of the last peace, and you was apprehensive that such a claim might in future times be revived.

I should be very happy to receive your sentiments fully upon this subject, as it is no doubt of importance to us all.

I am, with much esteem and affection,
Your friend and humble servant,

John Adams.

TO BENJAMIN FRANKLIN.

Passy, 22 September, 1778.

Sir,—

Upon looking over the account of the expenditure of the money for which we have jointly drawn upon the banker, since my arrival at Passy, I find some articles charged for similar ones to which I have paid in my separate capacity. I do not mean to be difficult about these things, but that we may have a plan for the future, I beg leave to propose, that the wages and expenses of the maître d’hôtel and cook, and of all the servants, their clothes, and every other expense for them, the wages, clothes, and other expenses of the coachman, the hire of the horses and carriage, the expenses of postage of letters, of expresses to Versailles and Paris and elsewhere, of stationary ware, and all the expenses of the family, should be paid out of the money to be drawn from the banker by our joint order. If to these Dr. Franklin chooses to add the washerwoman’s accounts for our servants, &c. as well as ourselves, I have no objection; receipts to be taken for payments of money, and each party furnished with a copy of the account and a sight of the receipts once a month, if he desires it. The expenses of a clerk for each may be added, if Dr. Franklin pleases, or this may be a separate expense, as he chooses. Expenses for clothes, books, and other things, and transient pocket expenses, to be separate. Or, if any other plan is more agreeable to Dr. Franklin, Mr. Adams begs him to propose it. The accounts for our sons at school may be added, if Dr. Franklin chooses it, to the general account, or otherwise. For my own part, when I left America, I expected, and had no other thought, but to be at the expense of my son’s subsistence and education here in my private capacity, and I shall still be very contented to do this, if congress should desire it. But while other gentlemen are maintaining and educating large families here, and enjoying the exquisite felicity of their company at the same time, perhaps congress may think it proper to allow this article to us as well as to them; and I am sure I do not desire it, nor would I choose to accept it, if it was not allowed to others, although, perhaps, the duties, labors, and anxieties of our station may be greater than those of others.

I am, sir, your inmate, and most obedient servant,

John Adams.

RALPH IZARD TO JOHN ADAMS.

Paris, 24 September, 1778.

Dear Sir,—

I must apologize for not having given you an immediate answer to your letter of the 20th instant, which would have been the case, if I had not been much employed in writing, on account of the sudden departure of Mr. Blake for Nantes. It has been my constant wish, that, as soon as Great Britain shall be compelled, by the virtuous exertions of our countrymen, to abandon her plans of conquest, we may enjoy the blessings of peace, uninterrupted by disputes with any power whatsoever. Contentions with France ought, above all others, to be avoided, from every consideration. It is upon this account that I have suffered great uneasiness from some articles in the treaties with this court, which I fear will, in some future day, be productive of much discontent and mischief. Two of those articles have been pointed out by congress, and by their direction have been altered. The little time which was spent in examining the treaties may be the reason why some other parts may have escaped their attention; and I wish they may not occur to them when it is too late. Had the “alterations that were proposed on either side” to be made from the treaty originally transmitted by congress to the commissioners at this Court, been communicated to me, some good might possibly have been derived from it. I have no doubt but it was the indispensable duty of those gentlemen to have made such communication, and if any evils should be sustained in consequence of their persisting in their refusal to make them, in spite of every application on my part, they ought to be answerable for them to their country. This, however, is not the proper time nor place for the discussion of these points. I shall, therefore, proceed to take notice of that part of the treaty only, which you have done me the honor to ask my sentiments upon.

The eighth article of the original treaty, proposed by congress, contains the following words:—“The Most Christian King shall retain the same rights of fishery on the Banks of Newfoundland, and all other rights relating to any of the said islands, which he is entitled to by virtue of the treaty of Paris.”

The thirteenth article of the treaty of Utrecht contains the following:—“It shall be allowed to the subjects of France to catch fish and to dry them on land, in that part only, and in no other besides that, of the said island of Newfoundland, which stretches from the place called Cape Bonavista to the northern point of the said island, and from thence, running down by the western side, reaches as far as the place called Point Riche.”

The French pretended that, in consequence of the above article, they had an exclusive right to fish on such parts of the coast of Newfoundland as are therein described, but the claim was never admitted by England; indeed, the treaty of Utrecht does not afford any grounds for such a claim. The fifth article of the treaty of Paris says,—“The subjects of France shall have the liberty of fishing and drying on a part of the coasts of the island of Newfoundland, such as it is specified in the thirteenth article of the treaty of Utrecht.” The words “indefinite and exclusive right” make no part of either of the above treaties, yet they are inserted in the tenth article of our treaty of commerce; and that it may seem as though no innovation was intended, that right is claimed as having been “designed” in the treaty of Utrecht; and the whole is to be [not such as it is specified, but] conformable to the “true sense” of the treaties of Utrecht and Paris. Perhaps my apprehensions on this subject may be groundless; and should that not be the case, perhaps they may be useless. I am induced to mention this last observation, by the conversation I had with you about the fishery at Mr. Bertin’s, at Passy, in which we differed totally respecting the importance of it to America in general, and particularly to the state of Massachusetts Bay. You were of opinion, that the fishery was not only an object of no consequence, but that it was, and always would be, a prejudice to New England. If this should really be the case, some consolation may be derived from it, when the probability of being excluded from part of it is considered. Since the advantages of commerce have been well understood, the fisheries have been looked upon by the naval powers of Europe as an object of the greatest importance. The French have been increasing their fishery ever since the treaty of Utrecht, which has enabled them to rival Great Britain at sea. The fisheries of Holland were not only the first rise of the republic, but have been the constant support of all her commerce and navigation. This branch of trade is of such concern to the Dutch, that in their public prayers, they are said to request the Supreme Being “that it would please Him to bless the government, the lords, the states, and also their fisheries.” The fishery of Newfoundland appears to me to be a mine of infinitely greater value than Mexico and Peru. It enriches the proprietors, is worked at less expense, and is the source of naval strength and protection. I have, therefore, thought it my duty to give my sentiments on this subject to my friend, Mr. Laurens. If my reasons appear to him to have any weight, it is probable they may be communicated to the delegates of those States who will be more immediately affected. If not, they will be suppressed, as they ought to be, and neither they, nor any body else, will be troubled with them.

I am, dear sir, with great regard,
Your friend and humble servant,

R. Izard.

TO RALPH IZARD.

Passy, 25 September, 1778.

Sir,—

I have received with much pleasure your favor of yesterday’s date. No apology was necessary for the delay of so few days to answer a letter, the contents of which did not, from any public consideration, require haste. My most fervent wishes mingle themselves with yours, that the happy time may soon arrive when we may enjoy the blessings of peace, uninterrupted by disputes with any power whatever. But alas! my apprehensions are very strong that we are yet at a distance from so great a felicity.

You will readily acknowledge the impropriety of my entering into the question concerning the duty of the commissioners here to have made the communications of the treaty which you mention. But of this you may be assured, that I shall at all times hold myself obliged to you for the communication of your sentiments upon any public affair. I am, therefore, sorry that in your letter you have confined yourself to that part of the treaty upon which I particularly requested your sentiments. And I now take the liberty to request your sentiments upon every part of the treaty which you conceive liable to doubtful construction, or capable of producing discontent or dispute; for I have the honor to be fully of your opinion, that it is of very great importance to be upon our guard, and avoid every cause of controversy with France as much as possible. She is, and will be, in spite of the obstacles of language, of customs, religion, and government, our natural ally against Great Britain as long as she shall continue our enemy, and that will be at least as long as she shall hold a foot of ground in America, however she may disguise it, and whatever peace or truce she may make.

You have mortified me much, by mentioning a conversation at M. Bertin’s, which, if you understood me perfectly, and remember it right, had either too much of philosophy or of rodomontade for a politician, especially for a representative of the United States of America, and more especially still, for a citizen of the Massachusetts Bay.

Your sentiments of the fishery, as a source of wealth, of commerce, and naval power, are perfectly just, and, therefore, this object will and ought to be attended to with precision, and cherished with care. Nevertheless, agriculture is the most essential interest of America, and even of the Massachusetts Bay, and it is very possible to injure both, by diverting too much of the thoughts and labor of the people from the cultivation of the earth to adventures upon the sea. And this, in the opinion of some persons, has been a fault in the Massachusetts Bay. Experience has taught us in the course of this war, that the fishery was not so essential to our welfare as it was once thought. Necessity has taught us to dig in the ground instead of fishing in the sea for our bread, and we have found that the resource did not fail us.

The fishery was a source of luxury and vanity that did us much injury; yet this was the fault of the management, not of the fishery. One part of our fish went to the West India Islands for rum, and molasses to distil into rum, which injured our health and our morals; the other part went to Spain and Portugal for gold and silver, almost the whole of which went to London, sometimes for valuable articles of clothing, but too often for lace and ribbons. If, therefore, the cessation of the fishery, for twenty years to come, was to introduce the culture of flax and wool, which it certainly would do so far as would be necessary for the purposes of decency and comfort, if a loss of wealth should be the consequence of it, the acquisition of morals and of wisdom would perhaps make us gainers in the end.

These are vain speculations, I know. The taste for rum and ribbons will continue, and there are no means for the New England people to obtain them so convenient as the fishery, and, therefore, the first opportunity will be eagerly embraced to revive it. As a nursery of seamen and a source of naval power, it has been and is an object of serious importance, and perhaps indispensably necessary to the accomplishment and the preservation of our independence.1 I shall, therefore, always think it my duty to defend and secure our rights to it with all industry and zeal, and shall ever be obliged to you for your advice and coöperation.

Pardon the length of this letter, and believe me, with much esteem,

Your friend and servant,

John Adams.

BENJAMIN FRANKLIN TO JOHN ADAMS.

Passy, Saturday, 26 September, 1778.

Dear Sir,—

I very much approve your plan with regard to our future accounts, and wish it to be followed.

The accounts that have been shown you are only those of the person we had intrusted with the receiving and paying our money, and intended merely to show how he was discharged of it. We are to separate from that account the articles for which congress should be charged, and those for which we should give credit.

It has always been my intention to pay for the education of my children, their clothes, &c., as well as for books and other things for my private use; and whatever I spend in this way I shall give congress credit for, to be deducted out of the allowance they have promised us. But as the article of clothes for ourselves here is necessarily much higher than if we were not in public service, I submit it to your consideration, whether that article ought not to be reckoned among expenses for the public. I know I had clothes enough at home to have lasted me my lifetime in a country where I was under small necessity of following new fashions.

I shall be out of town till Monday. When I return, we will, if you please, talk further of these matters, and put the accounts in the order they are hereafter to be kept.

With great esteem, I am
Your most obedient, humble servant,

B. Franklin.1

I inclose a letter just received from Mr. Ross. Some answer should be sent him; I have not had time. Inclosed are his late letters. If any good news arrive, my servant may be sent express to me with it.

THE COMMISSIONERS TO WILLIAM LEE.

Passy, 26 September, 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 particular commissioners designated 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 two 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 a ready 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.

RALPH IZARD TO JOHN ADAMS.

Paris, 28 September, 1778.

Sir,—

I am favored with your letter of 25th, and agree with you in opinion that there is no necessity of discussing the question respecting the commissioners now; inconveniences might rise from it, and no valuable purpose could be answered that I know of. I agree with you, likewise, if the fishery of New England has proved injurious by introducing luxury and vanity, it must be the fault of the people, rather than of the fishery. If the quantity of money which is acquired by the fishery affords an argument for the discontinuance of it, I am afraid it may be applied with equal propriety against every other industrious means of introducing wealth into the state. The passion for ribbons and lace may easily be checked by a few wholesome sumptuary laws; and the money that has hitherto been employed on those articles will be found very useful toward sinking our enormous national debt. This debt, I fear, will not be sunk during my life; till that is done, I do not think that any danger to our morals is to be apprehended from our excessive riches.

I should be obliged to you, if you would let me know, whether you think the reasons which were given in my last letter, respecting the treaties, are well founded. I am very willing to communicate my sentiments to you on the other articles; but submit it to you, whether it would not be better that this should be done verbally, rather than by letter.

I have the honor to be, with much esteem,
Your friend and humble servant,

R. Izard.

THE COMMISSIONERS TO JOHN ROSS.

Passy, 30 September, 1778.

Sir,—

We have received your letter of the 22d of September, and take this opportunity to say, that we have no authority either to give you orders or advice, any further than respects the large sum of money which the commissioners put into your hands some time ago. Of the expenditure of this money we have demanded an account, which you have refused to give us.

With your private concerns we have nothing to do. If you have any power derived from the honorable committee of congress, to that committee you must be responsible, and look for instructions. We can never justify interfering in those affairs, much less could we be justified in advancing more money to a gentleman who has refused to give us an account of a large sum already intrusted to him, not to mention the circumstances of indecency with which that refusal was accompanied, and with which most of your letters since have been filled. We return you the original contract which you inclosed to us some time ago. That you may save yourself for the future the trouble of writing letters to us, we now assure you, that it is our fixed determination to have nothing further to do with you, or any affairs under your care, until you have laid before us and settled your account of the public money you have received from the commissioners, unless we have instructions from congress, which, with the most perfect attention, we shall ever observe.

We are, sir, your humble servants,

B. Franklin,

Arthur Lee,

John Adams.

P. S. It is proper you should be informed, that there appears, from Mr. Williams’s accounts, to have been a further advance made to you of twenty thousand livres, for which we likewise expect you will, without delay, account with us.

THE COMMISSIONERS TO COUNT DE VERGENNES.

Passy, 1 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 éclaircissements 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 those 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 conduct 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 must 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 RALPH IZARD.

Passy, 2 October, 1778.

Sir,—

I have the pleasure of yours of the 28th, and agree with you in sentiment, that if the money which has heretofore been squandered upon articles of luxury could for the future be applied to discharge our national debt, it would be a great felicity. But is it certain that it will? Will not the national debt itself be the means, at least a temptation to continue, if not increase the luxury? It is with great pleasure that I see you mention sumptuary laws. But is there room to hope that our legislators will pass such laws? or that the people have, or can be persuaded to acquire those qualities that are necessary to execute such laws? I wish your answer may be in the affirmative, and that it may be found true in fact and experience. But much prudence and delicacy will be necessary, I think, to bring all our countrymen to this just way of thinking upon this head. There is such a charm to the human heart in elegance, it is so flattering to our self-love to be distinguished from the world in general by extraordinary degrees of splendor in dress, in furniture, equipage, buildings, &c., and our countrymen, by their connection with Europe, are so much infected with the habit of this taste and these passions, that I fear it will be a work of time and difficulty, if not quite impracticable, to introduce an alteration; to which, besides, the great inequalities of fortune, introduced by the late condition of our trade and currency, and the late enterprises of privateers, are dangerous enemies.

You ask my opinion, whether the reasons in your last letter are well founded. It is observable that the French Court were not content with the treaty proposed by congress, which contained all, in my opinion, which is contained in the article as it now stands in the treaty of the 6th of February. What motive they had for inserting the words “indefinite and exclusive,” is left to conjecture.1 The suspicion, that they meant more than the treaty proposed by congress expressed, arises from a fact which you remember, namely,—that the French at the time of the last peace claimed more. I wish to know, if there is any letter or memorial extant, in which such a claim is contained, or whether it was only a verbal claim made by their ambassadors; whether any of the magazines of that time mention and discuss any such claim. If the fact is incontestable that they made such a claim, it is possible that it may be revived under the words “indefinite and exclusive.” But I hope it will not, and I hope it was not intended when these words were inserted. Yet I confess I cannot think of any other reason for inserting them. The word indefinite is not amiss, for it is a right of catching fish and drying them on land, which is a right indefinite enough. But the word exclusive is more mysterious. It cannot mean that Americans and all other nations shall be “excluded” from the same right of fishing and drying on land, between the same limits of Bonavista and Riche. It would be much easier to suppose that the following words, “in that part only, and in no other besides that,” gave rise to the word exclusive; that is, that right of fishing and drying within those limits, for which we have excluded ourselves from all others. I will undertake to show better reasons, or at least as good, for this sense of the word exclusive, as the most subtle interpreter of treaties can offer for the other, although I think them both untenable.

My opinion further is this,—that as contemporaneous exposition is allowed by all writers on the law of nations to be the best interpreter of treaties, as well as of all other writings, and as neither the treaty of Utrecht, nor the treaty of Paris in 1763, ever received such an interpretation as you are apprehensive may hereafter be contended for, and as the uninterrupted practice has been against such a construction, so I think that the treaty of Paris of the 6th of February, 1778, is not justly liable to such a construction, and that it cannot be attempted with any prospect of success. I agree with you, however, that as we are young States, and not practised in the art of negotiation, it becomes us to look into all these things with as much caution and exactness as possible, and furnish ourselves with the best historical light and every other honest means of securing our rights. For which reason I requested your sentiments upon this subject in writing, and continue to desire in the same way your observations upon the other parts of the treaty. Reduced to writing, such things remain in letters and letter-books, as well as more distinctly in the memory, and the same man or other men may recur to them at future opportunities, whereas transient conversations, especially among men who have many things to do and to think of, slip away, and are forgotten. I shall make use of all the prudence I can, that these letters may not come to the knowledge of improper persons, or be used to the disadvantage of our country, or of you or me in our personal capacity.

I am, &c.

John Adams.

ARTHUR LEE TO JOHN ADAMS.

Chaillot, 6 October, 1778.

Dear Sir,—

You have often complained, that taking care of the public papers, and having the business of the commission done in your rooms, was an unequal share of the public burden apportioned to you.

Whatever may be my sentiments on that point, yet to remove, as far as I can, with propriety, all cause of discontent, I am willing to appropriate a room in my house for the meeting and deliberations of the commissioners and the custody of the public papers, provided regular hours are appointed for those meetings and that business. I will answer for the regular arrangement and preservation of the public papers, and that the business of the public shall always be despatched before that of individuals.

Should this arrangement be agreeable to you, and Dr. Franklin concurs, the execution of it will meet with no moment’s delay from me.

I have the honor to be, with the greatest esteem, &c.

Arthur Lee.

TO ARTHUR LEE.

Passy, 10 October, 1778.

Dear Sir,—

I have sometimes complained, that having no place appointed for the public papers, nor any person to keep them in order, was an inconvenience and interruption to the public business. I have added, that to have the papers in my chamber as they are, in disorder, and several persons going to them at pleasure, taking out some papers and removing others, was unequal upon me, as making me in a sort responsible for the order which I could not preserve, and for papers themselves which I could not secure; besides that it occasioned continual applications to me alone, and necessitated me to spend a great part of my time in writing orders, notes of hand, copies of letters, passports, and twenty other things, which ought at all times to be written by our clerks, at least as long as it is thought necessary to put the public to the expense of keeping so many.

I have not asked Dr. Franklin’s opinion concerning your proposal of a room in your house for the papers and an hour to meet there, because I know it would be in vain; for I think it would appear to him, as it does to me, more unequal still. It cannot be expected that two should go to one, when it is as easy again for one to go to two; not to mention Dr. Franklin’s age, his rank in the commission, or his character in the world, nor that nine tenths of the public letters are constantly brought to this house, and will ever be carried where Dr. Franklin is.

I will venture to make a proposition in my turn, in which I am very sincere; it is that you would join families with us. There is room enough in this house to accommodate us all. You shall take the apartments which belong to me at present, and I will content myself with the library room and the next to it. Appoint a room for business, any that you please, mine or another, a person to keep those papers, and certain hours to do business.

This arrangement would save a large sum of money to the public, and as it would give us a thousand opportunities of conversing together, which now we have not, and, by having but one place for our countrymen and others who have occasion to visit us to go to, would greatly facilitate the public business, it would remove the reproach we lie under, of which I confess myself very much ashamed, of not being able to agree together, and will render the commission more respectable, if not in itself, yet in the eyes of the English nation, the French nation, and, above all, the American nation; and I am sure, if we judge by the letters we receive, it wants to be made more respectable, at least in the eyes of many persons of the latter. If it is any objection to this, that we live here at no rent, I will agree with you in insisting on having the rent fixed, or leave the house.

As I suppose, the proposal I made of appointing Mr. W. T. Franklin to take the care of the papers, occasioned your letter of the sixth instant, I cannot conclude this answer to it without repeating that proposal.

This appointment can be but temporary, as a secretary will probably arrive from congress ere long.

But in the mean time, Mr. Franklin, who keeps papers in good order and writes very well, may be of more service to us than he is at present. We shall then have a right to call upon him to do business, and we shall know what situation he is in, and what reward he is to have. I agree perfectly with you, that an hour should be fixed for business; and I beg leave to propose nine o’clock in the morning, to which hour, and from thence to any other hour in the day you please, I will endeavor to be punctual. If you have any objection to this hour, you will be so good as to name another.

I am, dear sir, with an earnest desire and a settled determination to cultivate a harmony, nay more, a friendship with both my colleagues, as far as I can, consistent with the public service, and with great respect and esteem,

Your friend and colleague,

John Adams.

ARTHUR LEE TO JOHN ADAMS.

Chaillot, 12 October, 1778.

Dear Sir,—

I have hoped for leisure to answer your favor as fully as in my own vindication it demands. There are matters touched in it which imply a censure upon me, which a recapitulation of facts I am satisfied would convince you is unjust. But as I despair of sufficient leisure for some time, I must content myself with replying to what is immediately necessary.

A desire to remove, as much as I could, the cause of your complaint, was the motive I stated to you for writing, and I repeat to you it was the only one. I mentioned my objections to your other plan when you proposed it; if you think them of no weight, let that or any other that will be most agreeable to you and Dr. Franklin be adopted, and it will have my most hearty concurrence.

With regard to the proposal of coming to live with you, nothing would give me more pleasure were it practicable. I thank you for the civility of offering me your room, but it would be impossible for me to do so unhandsome a thing, as to desire that of any gentleman. The living upon the bounty of a common individual I always objected to; besides, in the best of my judgment, that individual appears to me justly chargeable with the foul play used with our despatches. Till I see reason to think otherwise, I should hold myself inexcusable, both to my constituents and myself, if I were to put myself so much in his power. The house I am in, at all events, I must pay for this half year, therefore it would not save this expense. To live together was what I proposed, and labored to effect, though in vain, when the commissioners first came here. I thought it would be attended with every good consequence, and there was nothing I desired more. But, under all the circumstances of that proposition now, and the inveterate habits that have taken place, it appears to me to be attended with insuperable objections. I am, however, open to conviction, and shall be most happy in finding any practicable means of effecting the ends you propose.

Having to dress, breakfast, despatch letters, and do the necessary family affairs before I come to you, I find eleven o’clock the soonest I can engage for.

I had the same earnest desire you express, prompted as well by my own inclination and interest as by my wish for the public good, to cultivate harmony and friendship with both my colleagues, and nothing ever gave me more uneasiness than the impossibility that I have hitherto found of effecting it.

I am, with the greatest respect and esteem, &c.

A. Lee.

M. GENET1 TO JOHN ADAMS.

À Versailles, ce 24 Octobre, 1778.

Monsieur,—

Je viens de traduire pour Monseigneur le Comte de Vergennes les divers papiers de la Gazette de New York que vous trouverez dans le fragment ci-joint d’une gazette Anglaise du 17 de ce mois. Il n’est pas douteux que le prochain Courier de l’Europe ne contienne une traduction de ces divers papiers. Toute la France y verra un des deux cotés de la question, c’est à dire, celui sous lequel les Commissaires Anglais la présentent, sans voir en même temps ce que les Américains peuvent y répondre, parceque les Gazettes Américaines où seront sans doute les réponses convenables, pourront ne pas arriver en Europe aussitôt qu’il conviendroit.

Je prends la liberté de vous prier en conséquence, non pas d’y répondre en votre nom, mais de me fournir des notes d’après lesquelles je puisse, dans le No. 58 des Affaires d’Angleterre1 qui paroîtra incessamment, combattre les assertions injurieuses des Commissaires Anglais, et contre le congrès et contre les membres; notamment, sur l’article des boites de cartouche des troupes du Général Burgoyne; sur l’état où sont actuellement ces troupes à Boston, &c.

J’en ferai usage, comme de réflexions et observations venant d’un particulier ignoré, et au moins nos ennemis communs n’auront point l’avantage que l’Europe se remplisse de ses inculpations contre le congrès et la France, sans que quelqu’un essaye de remettre les esprits sur la bonne voie.

Je suis avec respect, Monsieur, &c.

Genet.

P. S. Plutôt vous pourrez m’envoyer vos observations, mieux ce sera.

THE COMMITTEE OF FOREIGN AFFAIRS TO JOHN ADAMS.

Philadelphia, 28 October, 1778.

Sir,—

While we officially communicate to you the inclosed resolve,2 the foundation of which you cannot remain a stranger to, we must entreat you to be assiduous in sending to those commissioners who have left France, and gone to the courts for which they were respectively appointed, all the American intelligence, which you have greater opportunity than they of receiving from hence, particularly to Mr. Izard and Mr. William Lee. We do not often send more than one set of gazettes by one opportunity; and we hear of several vessels which have miscarried.

Congress must and will speedily determine upon the general arrangement of their foreign affairs. This is become, so far as regards you, peculiarly necessary, upon a new commission being sent to Dr. Franklin. In the mean time, we hope you will exercise your whole extensive abilities on the subject of our finances. The Doctor will communicate to you our situation in that regard.

To the gazettes, and to conversation with the Marquis de Lafayette, we must refer you for what relates to our enemies, and close with our most cordial wishes for your happiness.

Your affectionate friends,

R. H. Lee,

James Lovell.

M. GENET TO JOHN ADAMS.

À Versailles, ce 29 Octobre, 1778.

Monsieur,—

J’ai trouvé si important pour le bien commun des deux nations, les sentimens où vous vous êtes montré devant moi chez M. Izard, touchant le secours qu’il conviendroit d’envoyer actuellement à M. le Comte d’Estaing, que j’ai cru ne pouvoir me dispenser d’en hasarder l’insinuation à nos ministres. Pour ne point vous compromettre à cause de votre caractère de député du congrès, et n’en ayant point la permission de vous, je n’ai point voulu vous nommer. Je me suis contenté de dire que je m’étois trouvé à Paris, avec plusieurs Américains, et que leur vœu unanime paroissoit être que la France envoyât sans délai douze vaisseaux de ligne en Amérique, pour dégager l’escadre de Toulon. C’est à M. de Sartine que j’ai fait cette ouverture, et je me propose de la faire demain à M. le Comte de Vergennes. M. de Sartine a eu la bonté de m’entendre avec attention. Je ne prétends point dire qu’il ait saisi cette idée comme ce qu’il y auroit à présent de mieux à faire, ni que je le juge decidé à l’adopter; mais aux questions qu’il a daigné me faire, j’imagine au moins qu’il ne trouveroit point étrange que je mîsse sous ses yeux un mémoire, tendant à prouver la nécessité de cette expédition et la manière d’y procéder, ainsi que l’espèce d’avantages qui en résulteroient. Peut-être conviendroit-il de faire voir dans ce mémoire que la saison n’est pas trop avancée, et qu’on n’a point à craindre de manquer de trouver M. le Comte d’Estaing pour se joindre à lui. Il faudroit aussi y détailler les facilités de toute espèce qu’une nouvelle escadre françoise est sûre de trouver dans tous les ports Américains, ainsi que les pertes auxquels s’exposeront les Anglais s’ils veulent balancer ces nouvelles forces, et enfin le peu de sujet que nous avons de craindre ici que cette diminution de forces en Europe nous porte aucun préjudice. Si vous persistez toujours dans cette opinion, que peut-être comme député vous ne prendriez pas sur vous de suggérer dans la crainte de paroître trop vous avancer vis-à-vis d’une cour qui a dejà fait de grands éfforts dans cette affaire, vous pouvez développer vos idées dans un mémoire que je pourrai présenter comme adressé à moi par un de mes amis parmi Messieurs les Américains. En effet, M. Lloyd, M. Pringle, M. Jenings, et d’autres peuvent m’avoir communiqué une pareille idée, et il n’y auroit aucun inconvénient pour le congrès de qui ils ne sont point autorisés, à ce qu’elle fût discutée ici entre nos ministres. Vous savez comme moi que les forces réunies de Byron et du Lord Howe mettent aujourd’hui vis-à-vis de M. d’Estaing dixneuf ou vingt vaisseaux de ligne et six de cinquante canons. Il me semble que c’est une position inquiétante, et sur laquelle on ne doit pas s’endormir ici. Je m’estimerai très heureux si je puis promouvoir quelque bien, et surtout que ce soit d’une manière qui vous soit agréable.

Je suis avec respect, Monsieur, votre très humble et très obéissant serviteur.

Genet.

P. S. Je vous fais mes remercimens de la lettre, que vous avez eu la bonté de m’écrire. Elle sera employée comme vous l’entendez.

THE COMMISSIONERS TO M. DE SARTINE.

Passy, 30 October, 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 Dinant. 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 inclose 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 Lorient, we have the pleasure to learn that three whaling 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 reasons to believe exactly true. The English last year carried on a very valuable whale fishery on the coast of Brazil off the River Plate, in South America, in latitude thirty-five south, and from thence to forty, just on the edge of soundings, off and on, about the longitude sixty-five from London. They have this year about seventeen vessels in this 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, Bunker 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 destruction or captivity of a fishery so entirely defenceless (for not one of the vessels has any arms) a single frigate or privateer of twenty-four 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 four hundred and fifty 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 the 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.]

THE COMMISSIONERS TO M. SCHWEIGHAUSER.

Passy, 4 November, 1778.

We have at length obtained a sight of M. Bersolle’s accounts, and take this opportunity to communicate to you our observations upon them.

As by the resolutions of congress, the whole of all vessels of war taken by our frigates belong to the officers and men; nay, further, as they have even an additional encouragement of a bounty upon every man and every gun that is on board such prizes, it was never the intention of congress to be at any further expense on account of such prizes.

Every article of these accounts, therefore, that relates to repairs of the Drake or furniture for the Drake, must be charged to Captain Jones, his officers, and men, and come out of the proceeds of the sale of the Drake, or be furnished upon her credit and that of the officers and men of the Ranger. It would certainly be a misapplication of the public interest, if we should pay any part of it.

In the next place, all those articles of these accounts which consist in supplies of slops or other things furnished the officers and men of the Ranger must be paid for by them, not by us. Their shares of prize-money in the Drake, the Lord Chatham, and other prizes made by the Ranger will be abundantly sufficient to discharge these debts, and in no such cases can we justify advancing any thing to officers or men.

As the Lord Chatham belongs, half to the public and half to the captors, all necessary expenses on her account should be paid; a moiety out of the captors’ half, and the other moiety out of the half which belongs to the United States.

All necessary supplies of munition and repairs to the Ranger, and of victuals to her company, we shall agree to pay at the expense of the United States. For the sustenance of the prisoners of all the prizes after they were put on shore, we suppose the United States must pay. These rules are so simple, and Captain Jones being now at Brest, it should seem that Captain Jones and your agent might very easily settle this matter.

We have received your letter of the 29th of last month. We wrote you on the 27th, and advised you to proceed against Mr. P. Dudoyer. We are glad to find that Mr. Williams has delivered the effects according to the inventory inclosed to us, and approve of the receipt you have signed.

You have our permission to draw bills upon us to the amount of such part of your account as may be necessary to you, to which we shall pay all due honor.

That poor fellow, Barnes, you will do well to supply with necessaries and send home, but do not give him any money; he has not discretion to use it.

You have our hearty consent to employ as many of the prisoners as you think proper and as are willing to engage in your service.

We thank you for the news from Brest, and wish you to inquire of Captain Bell and the other American masters lately arrived, what despatches they brought for us. We have received some packets of newspapers and two or three scattering letters, but not a word from congress or any committee or member of congress, which is to us unaccountable, and leaves room to fear that some accident has happened to our despatches.

We are, &c. &c.

B. Franklin,

Arthur Lee,

John Adams.

THE COMMISSIONERS TO THE PRESIDENT OF CONGRESS.

Passy, 7 November, 1778.

Sir,—

We have the honor to inclose a copy of the declaration concerning the eleventh and twelfth 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 inclose copies of a correspondence with his Excellency, M. de Sartine, the Secretary of State for the Marine, concerning cases of rescues and 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 inclose copies of a correspondence on the subject of negotiation with the Barbary States. We do not find ourselves authorized 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, inclosing 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 our 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.

We have the pleasure to inform congress that Mr. Matthew Ridley, of Maryland, has made a present to the United States of a valuable manuscript upon naval affairs, which he has left with us. We shall take the first opportunity of a frigate to send it to congress.

We inclose to congress copies of a correspondence between the Ambassador of the King of the two Sicilies and us, which, as his Majesty is the eldest son of the King of Spain, is considered as an event indicative of the good-will of a greater power, although this is respectable.

It is of great importance to penetrate the councils of an enemy, in order to be prepared beforehand against his designs; we shall therefore be happy to advise congress of the intentions of Great Britain so far as we can conjecture.

We have every reason to believe that the hostility of the disposition of the British Court has no other bounds but those of their power. Their threats, however, of large reinforcements and of Russian auxiliaries are without foundation. The interest of the King of Prussia and of the Empress Queen (who both choose at present to preserve decent terms with Great Britain) to prevent a close alliance between England and Russia, we apprehend will prevent it. In short, we can see no probability of England’s forming any alliance against America in all Europe; or indeed against France; whereas, on the other side, from the astonishing preparations of Spain, the family compact and other circumstances, and from the insolent tyranny of the English over the Dutch, and their consequent resentment, which has shown itself in formidable remonstrances, as well as advances towards a treaty with us, there is reason to believe that, if Great Britain perseveres in the war, both of these powers will at length be involved in it.

We had the honor to write to congress on the 20th of July and the 17th of September, of which we have sent duplicates and triplicates, and to which we beg leave to refer. By this opportunity we shall send the newspapers which contain all the public intelligence.

We inclose a number of notes of hand which have been taken from our unhappy countrymen who have escaped from England, to whom we have lent money, as they had no other way of subsistence.

We have the honor to be, &c.

B. Franklin,

Arthur Lee,

John Adams.

THE COMMISSIONERS TO M. DE SARTINE.

Passy, 12 November, 1778.

Sir,—

Last night we had a letter from Nantes, a copy of which we have the honor to inclose to your Excellency.

The subject of it appears to us of great importance to the United States, as well as to the individuals, Frenchmen and Americans, who are interested in the vessels destined to America; also to a considerable number of gentlemen and others, who are going passengers in this fleet; and ultimately, to the common cause.

It gives us great pleasure to find so large a number of vessels going out upon this occasion. Their cargoes are much wanted to enable our countrymen to sustain the war. We therefore most cheerfully join with the subscribers to the letter, who have also petitioned your Excellency, in requesting a large convoy to protect those ships quite home to America.

Upon this occasion, we cannot refrain from submitting to your Excellency our opinion, that the more of the King’s ships are sent to America, the more certainly France maintains a superiority of naval power in the American seas, the more likely it will be that she will have the advantage in the conduct of the war; because the French, having the ports and the country, the provisions, the materials, and the artificers of America open to them, and the English being obliged to derive all these things from Europe, the former have a vast advantage over the latter in the conduct of the war in that quarter of the world; not to mention that the French ships being newer and in better condition than the English, are better able to sustain the American seas.

Your Excellency will excuse our suggesting one reflection,—that whatever vessels of war are sent to America, they should be plentifully furnished with marine woollen cloths, especially blankets and gloves, or mittens, without which it is extremely difficult for the men to do their duty in the cold season upon that coast,

We are, &c. &c.

B. Franklin,

Arthur Lee,

John Adams.

THE COMMISSIONERS TO COUNT DE VERGENNES.

Passy, 12 November, 1778.

Sir,—

The alliance between this kingdom and the United States of America is an event of such magnitude in their history, that we conceive it would be highly pleasing to our constituents to have the picture of his Majesty, their illustrious ally, to be kept in some public place where the congress sits.

We would carefully avoid every thing which would be disagreeable, and would therefore submit this proposal to your Excellency’s consideration; and if you should be of opinion that no offence would be given, we request your Excellency’s kind offices to procure us, for the benefit of our constituents, the pictures of their Majesties, the King and Queen, that posterity, as well as those of the present generation, who may never have an opportunity of seeing those royal personages, may become acquainted with the nearest resemblance of them which the arts have devised.1

TO THE PRESIDENT OF CONGRESS.

Passy, 3 December, 1778.

Sir,—

I have the honor to inclose to congress the latest newspapers. As they contain the speech at the opening of parliament, and some of the debates in both houses upon the addresses in answer to it, they are of very great importance. I learn, by some newspapers and private letters, that an opinion has been prevalent in America that the enemy intended to withdraw from the United States; and considering the cruel devastations of the war, and the unfortunate situation of our finances, nothing would give me so much joy as to see reasons to concur in that opinion, and to furnish congress with intelligence in support of it. But I am sorry to say, the reverse is too apparent. We may call it obstinacy or blindness, if we will, but such is the state of parties in England, so deep would be the disgrace, and perhaps so great the personal danger to those who have commenced and prosecuted this war, that they cannot but persevere in it at every hazard; and nothing is clearer in my mind, than that they never will quit the United States until they are either driven or starved out of them. I hope, therefore, congress will excuse me for suggesting, that there is but one course for us to take, which is to concert every measure, and exert every nerve, for the total destruction of the British power within the United States.

I have the honor to be, &c.

John Adams.

THE COMMISSIONERS TO DR. PRICE.

Passy, 7 December, 1778.

Sir,—

By one of the late ships from America we had the pleasure of receiving from congress an attested copy of their resolution of the 6th of October, conceived in these words:—

In Congress, 6 October, 1778.

Resolved, That the Honorable Benjamin Franklin, Arthur Lee, and John Adams, Esquires, or any of them, be directed forthwith to apply to Dr. Price, and inform him that it is the desire of congress to consider him as a citizen of the United States, and to receive his assistance in regulating their finances; that, if he shall think it expedient to remove with his family to America, and afford such assistance, a generous provision shall be made for requiting his services.

Extract from the Minutes.

Charles Thomson,Secretary.

From a great respect to the character of Dr. Price, we have much satisfaction in communicating this resolution. We request your answer as soon as convenient. If it should be in the affirmative, you may depend upon us to discharge the expenses of your journey and voyage, and for every assistance in our power to make your passage agreeable, as well as your reception and accommodation in our country.

We have the honor to be, with the highest esteem and respect, sir,

Your most obedient and most humble servants,

B. Franklin,

Arthur Lee,

John Adams.1

THE COMMISSIONERS TO JOHN ROSS.

Passy, 29 December, 1778.

Sir,—

We have received your letters of the 15th and 24th of December, with their envelopes, and once more assure you, that we have no authority to do any thing in your affairs until you have settled your accounts. Whenever you shall be disposed to lay your accounts before us, we shall be ready to receive them and settle them according to the strictest justice, and to pay you the balance, if any, which may be found due to you, according to the resolutions of congress and our ability.

We have the honor to be, &c.

B. Franklin,

Arthur Lee,

John Adams.

[1 ]Various French idioms will be noticed which it has not been thought necessary to correct where the grammar is preserved.

[1 ]As to the substance of this conversation, see the Autobiography, vol. iii. p. 92.

[2 ]Several prior letters, written by Mr. Adams for the Commissioners, are omitted here, having been already inserted in the Diary, vol. iii. pp. 128, 129, 152, 153.

[1 ]The words in italics, inserted in Mr. Adams’s draft, appear to be in the handwriting of Dr. Franklin.

[1 ]Taken from the Diplomatic Correspondence of the Revolution, with some modifications. The same may be said in all other cases in which translations occur.

[1 ]This article required the judge personally to visit all the prizes, and to place seals upon the property.

[1 ]In the volume of Correspondence of Mr. Ralph Izard, published by his daughter, Mrs. Deas, some surprise is expressed by her at the tone here adopted by Mr. Adams in regard to the fisheries. The explanation is to be found in the position of Mr. Izard himself, which was one of undisguised hostility to two of the commissioners who had negotiated the treaty. Whilst Mr. Adams was desirous of avoiding collision with Mr. Izard, on account of what had been done before he became a member of the commission, he was equally anxious not to appear to give countenance to any of that gentleman’s complaints. His precautions did not save him from being involved in the sweeping censure which Mr. Izard directed at the eastern members of the commission, as “inattentive to the interests of nine States of America, to gratify the eaters and distillers of molasses.” See his letter to Mr. Laurens, President of Congress, in Diplomatic Correspondence of the Revolution, vol. ii. p. 434.

[1 ]Those letters only of Dr. Franklin are introduced which appear not to have been before published.

[1 ]The tenth article of the treaty of amity and commerce with France contained these words. A peculiarity of this clause of the treaty, which was drawn up and executed in French and English, is, that the French word désigné, and the English word designed, are made equivalents.

[1 ]This gentleman was premier commis in the office of interpreters, under the Count de Vergennes, or, in English phrase, an under Secretary of State in the office of Foreign Affairs. He spoke the English language with great propriety and facility; was a man of letters and an excellent writer; a zealous advocate for America, and very friendly to all Americans. He conducted the Mercure de France, in which he published many little speculations for me, and indeed himself and his whole family were always very civil and friendly to me. He was the father to M. Genet, the Minister Plenipotentiary from the French Republic to the United States, who has been so much celebrated in this country. Letters to the Boston Patriot, 1809.

[1 ]The name of a periodical publication, then issued for the purposes indicated in the letter.

[2 ]This was a resolve of the 22d of October, directing the committee to signify to the ministers abroad the desire of congress, that “harmony and good understanding should be cultivated between them.”

[1 ]This letter may not have been sent. It does not appear to have been formally answered. On the 19th of December following, a letter was addressed to congress, signed by the King, notifying that body of the birth of his first child, a daughter. This produced a congratulatory answer from congress on the 15th of June, 1779, terminating with a similar request for their Majesties’ portraits, which request was complied with, and the pictures afterwards sent.

[1 ]In the Life of Arthur Lee a slight mistake is made respecting that gentleman’s agency in this case of Dr. Price. The author confounds the official notification by the commissioners of the action of congress, the draft of which is in Mr. Adams’s handwriting, with a private letter accompanying it, written by Mr. Lee, to urge Dr. Price’s acceptance of the invitation. The private answer of Dr. Price, giving reasons for declining the proposals, is to be found in that work; whilst the formal reply, transmitted to congress through the hands of Dr. Franklin, is inserted in Mr. Sparks’s edition of the Writings of Franklin. Life of Arthur Lee, by Richard Henry Lee, vol. i. pp. 148, 149; Works of Franklin, vol. viii. p. 354, note.