Chapter M: De Sartine to the Commissioners

Translation.

Versailles, 16th August, 1778.

Gentlemen,

I take the earliest opportunity to answer the observations addressed to me in the letter, which you did me the honor to write me the 13th instant, on the project of a regulation for the prizes and prisoners of the respective United States. I conceive that I have fulfilled the object by digesting anew the 2d and 14th articles, of which I annex another text, with copies of the different laws that have been lately published respecting prizes. Moreover, I will at all times receive with pleasure your representations of the inconveniences which may attend, in your opinion, the execution of the regulation, and you may be assured that his Majesty will be always disposed to grant the inhabitants of the United States every facility, compatible with the interests of his finances and the commerce of his subjects.

I have the honor to be, &c.

DE SARTINE.

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_Regulations for Prizes and Prisoners._

By the King.

His Majesty, desirous of making known his intentions, as well with respect to the prizes, which his subjects may carry into the ports of the United States of America, as also respecting admitting into his own ports the prizes made by American privateers, and calculating on the perfect equality which constitutes the basis of his engagements with the said United States, he has ordained and does ordain as follows.

ARTICLE I. French privateers shall be permitted to conduct and cause to be conducted, the prizes made from his Majesty's enemies, into the ports of the United States of America, to repair them so as to proceed again to sea, or to sell them definitively.

ARTICLE II. In the case of simple anchoring, the conductors of prizes shall be bound to make before the Judges of the place, a summary declaration containing the circumstances of the capture and motives of anchoring, and to request the said Judges to go on board the captured prizes and seal up such places as may admit of it, and make out a short description of what cannot be contained under the said seals, the state of which shall be verified in France by the officers of the admiralty, on the copy which the officer conducting the prize shall be obliged to report.

ARTICLE II., _amended_. In case of simple anchoring, the Captains conducting the prizes shall be bound to make before the Judges of the place, their secretaries, or other persons authorised by them, a summary declaration containing the circumstances of the capture and motives of anchoring, and to request the said Judges, their secretaries, and other persons authorised by them, to go on board the captured vessels, and seal up such places as may admit of it, and make out a short description of what cannot be contained under such seals, the state of which shall be verified in France by the officers of the admiralty, on the copy of which the officer conducting his prize shall be bound to report.

ARTICLE III. His Majesty, nevertheless, permits captains conducting prizes to sell in the ports of the United States, either perishable merchandise, or such other as may supply the wants of the vessels during the time of their stay, the said conductors of prizes shall be bound to ask permission from the Judges of the place for this purpose in the ordinary form, and proceed to the sale by the public officers appointed for that purpose, and to report copies, as well of the proceedings as of the verbal process of the sale.

ARTICLE IV. The prize-masters, who shall be authorised by the owners or captains of the capturing privateer to sell the said prizes in the ports of the United States, shall be obliged to make before the Judges a detailed report, which shall afterwards be verified in the hearing of at least two of their crew, and to request the said Judges to go directly on board of the prizes to make out a verbal process, seal up the hatches and cabin, take an inventory of what cannot be sealed, and appoint sequestrators. Which Judges shall proceed afterwards to interrogate the captain, officers, and other persons of the crew of the captured vessel to the number of two or three, or more if it is judged necessary, and shall translate the useful papers on board if there are interpreters, and annex compared copies of the said useful papers to the minutes of the proceedings, to have recourse to them in case of necessity, as is prescribed for prizes conducted into the ports of the Kingdom by the 42d article of the declaration of the 24th of June last.

ARTICLE V. As soon as the copies of the said proceedings, and the original papers and translations shall have been addressed to the Secretary-General of the Marine at Paris, for process in judgment by the Council of Prizes, the captain or his agent may require the provisional sale of the merchandise and effects subject to perishing, and even the definitive sale of the prizes and all the merchandise of their cargoes, whenever they shall evidently appear the enemy's property, from the papers on board and the interrogatories of the prisoners, in the manner that shall be ordered by the Judges of the places, and as is prescribed for prizes conducted into the ports of the kingdom by the 45th article of the said declaration of the 24th of June last.

ARTICLE VI. The discharge, inventory, sale, and delivery of the said prizes and merchandise shall be made agreeable to the formalities practised in the ports of the United States. The captains, conductors of prizes, shall be bound to report the particular liquidations or summary statements of the proceeds of the said prizes and expenses incurred on their account, that the said particular liquidations or summary statements may be deposited by the owner or the secretary of the Admiralty, at the place of outfit, agreeable to the 57th article of the declaration of the 24th of June last, to which secretary the judgments and prize papers shall be sent, in order to be registered.

ARTICLE VII. All the prisoners that shall be found on board either of the French privateers, that shall come to anchor in the ports of the United States, or on board the prizes which shall be brought there, shall be immediately delivered to the governor or magistrate of the place, to be secured in the name of the King, and maintained at his expense, as shall likewise be done in the French ports, with respect to the prisoners made by the American privateers. The captains who carry back their prizes, to be sold in the ports of the kingdom, shall nevertheless be bound to carry with them two or three principal prisoners, in order to be interrogated by the officers of the Admiralty who shall make the inquiry.

ARTICLE VIII. The privateers of the United States may conduct, or cause to be conducted, their prizes into the ports belonging to his Majesty, whether for the purpose of anchoring and remaining there, until they are in a condition to proceed again to sea, or for the purpose of selling them definitively.

ARTICLE IX. In case of simple anchoring, the prize-masters shall be bound to make, within twentyfour hours after arrival, their declaration before the officers of the Admiralty, who shall go on board of the vessels, in order to seal up such places as may admit of it, and to make a brief description of what cannot be comprehended under the said seals, without allowing any thing to be landed from on board of the said prizes, under the penalties contained in his Majesty's arrets and regulations.

ARTICLE X. His Majesty nevertheless permits the said American privateers to sell in his ports, either the perishable merchandise, or such other, in order to defray the expenses of the vessels during the time of their being in port, charging them to request permission from the officers of the Admiralty, in presence of whom the said sale shall be made.

ARTICLE XI. When the subjects of the United States would wish to sell their prizes in the ports of the kingdom, the captain who shall have made the prize, or the officer intrusted with bringing it in, shall be bound to make before the officers of the Admiralty a detailed report, which shall be verified in the hearing of at least two of their crew; the officers of the Admiralty shall go immediately on board of the prize to make out a verbal process, seal the hatches and cabins, make an inventory of what cannot be sealed, and appoint keepers; they shall afterwards proceed to interrogate the captains, officers, and other people belonging to the crew of the prize; shall cause the useful papers on board to be translated, of which they shall annex compared copies to the minutes of the proceedings; and the original and translated pieces, as also the copies of the said proceedings, shall be sent to the deputies of the United States at Paris.

ARTICLE XII. The captains, conductors of prizes, or their agents, may request the officers of the Admiralty to proceed to the provisional sale of such merchandise and effects as are subject to perish, and even to the definitive sale of the prizes and of all their merchandise on board, when they shall appear to have belonged to the enemy, from the papers on board and the information of the prisoners, in the same manner as is prescribed for the prizes taken by French privateers, by the 45th article of the declaration of the 24th of June last.

ARTICLE XIII. The discharge, inventory, sale, and delivery of the said prizes shall be made in presence of the officers of the Admiralty, whose fees, either for discharging, inventory, or sale, shall be reduced one half, agreeable to the terms of the 52d article of the declaration of the 24th of June last. The said officers shall not proceed to a particular liquidation of the proceeds of the prizes until they shall be required by the parties concerned, and in every case where the delivery of several copies is required, no more shall be paid to the register for the second and third, than the price of the stamped paper and the expense of writing.

ARTICLE XIV. It is his Majesty's pleasure, that the arret of his Council, by which, agreeable to the second article of the 24th of June last, it shall be determined what kind and quality of merchandise, proceeding from prizes, shall be consumed in the kingdom, as also what duties they shall be subject to, shall likewise extend to the merchandise proceeding from prizes taken by American privateers, who are charged to fulfil the formalities prescribed by the arrets and regulations.

ARTICLE XIV., _amended_. It is his Majesty's pleasure that the arret of his Council, by which, agreeable to the second article of the 24th of June last, it shall be determined what kind and quality of merchandise, proceeding from prizes, shall be consumed in the kingdom, as also what duties they shall be subject to, shall likewise extend to the merchandise proceeding from prizes taken by American privateers, who are charged to fulfil the formalities prescribed by the arrets and regulations, especially with respect to the merchandise which they would export, whether to the ports of the United States, or to all other foreign countries, and that they shall be permitted for this purpose to keep them during a year, in the magazines of deposit, free from all duty.

ARTICLE XV. The American privateers may deliver in the ports, to the commissioners of the ports and arsenals of the marine, the prisoners they may have on board; his Majesty will give orders that the said prisoners shall be conducted, guarded, and maintained in the name and at the expense of the United States.

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TO M. DE SARTINE.

Passy, August 18th, 1778.

Sir,

We embrace this first opportunity to answer the letter, which your Excellency did us the honor to address to us, the 16th of this month.

We have examined with some attention the alterations, which your Excellency has made in the 2d and 14th articles of the projected regulations, and are of opinion, that they will remove the difficulties we apprehended from the first draught.

We thank your Excellency for the obliging expressions of your readiness to receive any representations, which we may hereafter have occasion to make, of inconveniencies arising in the execution of these regulations; which, however, we hope will not occur. We submit the whole to your Excellency's deliberation and decision, and are, with sentiments of the sincerest respect, your Excellency's most obedient humble servants,

B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.

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JOHN PAUL JONES TO ABRAHAM WHIPPLE.

Brest, August 18th, 1778.

Sir,

I request that you will summon a court martial for the trial of Lieutenant Thomas Simpson, with whose conduct I have been and am unsatisfied, and who is now under suspension for disobedience of my written orders.

I am, Sir, with due regard, your most humble servant,

JOHN PAUL JONES.

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ABRAHAM WHIPPLE TO JOHN PAUL JONES.

Brest, August 19, 1778.

Sir,

I am honored with your letter of this day, requesting that I will summon a Court Martial for the trial of Lieutenant Thomas Simpson, with whose conduct you have been and are unsatisfied, and who, you say, is under suspension for disobedience to your written orders. Having maturely considered the contents of your letter, and with as much accuracy as possible attended to every particular, I return for answer the subjoined reasons, which will at once explain the impossibility of calling a Court Martial, and fully acquaint you with my sentiments on that subject.

You are sensible that the Continental regulations have expressly ordered, that a Court Martial shall consist of at least three Captains, which is impossible, as Captain Hinman declines to sit, he expecting a Court of Inquiry upon his own conduct on his arrival in America, and having assigned a reason of so forcible a nature, I think he is acting a part at once prudent and becoming.

You will permit the remark, that by Lieutenant Simpson's parole, taken by yourself June 10th, 1778, Lieutenant Simpson engaged on his parole of honor to consider himself as under suspension till he shall be called upon to meet you face to face before a Court Martial, unless you should, in the meantime, release him from his parole, which I conceive that you have done by your letter of the 16th of July to the honorable Commissioners, where you mention that you are willing to let the dispute drop forever, by giving up that parole, which would entitle Lieutenant Simpson to the command of the Ranger; that this, as you bore no malice, would be making him all the present satisfaction in your power, provided that you had injured him, and that you will trust to himself to make an acknowledgment, if, on the contrary, he has injured you. In my opinion, this is giving up his parole in the most ample manner, as it does not appear to me that you made, by letter or otherwise, any compact or agreement with Lieutenant Simpson, that he should make any concessions on his part, or any thing of that nature, neither that he was to be answerable to a Court Martial when the supposed crime was blotted out, for which he was at first responsible.

I believe that the honorable Commissioners accepted it in the same light, as by their letter of the same date it would seem you gave them the greatest satisfaction in affording them an opportunity to reinstate Lieutenant Simpson on board the Ranger. The Commissioners further order him to take the command of the Ranger, as her first Lieutenant, and to join me and to obey my orders, all which sufficiently evinces that Lieutenant Simpson is no longer considered as under suspension, and consequently cannot be responsible to a Court Martial for disobedience to written orders from you, from which he is amply released by your voluntary surrender of his parole. However, if this explanation, attempted to be made in the most candid manner, should not prove agreeable, I beg leave to refer you to the absolute impossibility of calling a Court Martial, agreeable to the resolves of Congress, and flatter myself that you will believe me to be, with due respect, Sir, your most obedient and most humble servant,

ABRAHAM WHIPPLE.

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TO JOHN PAUL JONES.

Passy, August 22d, 1778.

Sir,

We have received your letter of the 15th, and have written to Captain Whipple to appoint a Court Martial for the trial of Lieutenant Simpson, provided there is a sufficient number of officers to constitute one. This, however, is not to make any change in his command of the Ranger until the trial is over; nor then, unless the judgment of that Court is against him.

We are, sir, &c.

B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.

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TO COUNT DE VERGENNES.

Passy, August 28th, 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 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, has 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 that 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 as 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 necessaries 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 his Majesty's kingdom, as we may find opportunity. Although we are empowered to offer a larger interest than is usually given, by his Majesty, yet that we may not be any interruption to his Majesty's service, we are willing and desirous of limiting the interest which we may offer, to the same that is given by his Majesty. And in this way, although most persons will choose to lend their money to his Majesty, yet there may be others desirous of forming connexions of trade with the people in America, who will be willing to serve them in this way. And perhaps nothing will have a greater tendency to cement the connexion between the two nations, so happily begun, or to insure to the French nation the benefits of the American trade, than something of this kind.

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

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

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

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

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

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

B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.

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DECLARATION

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

Translation.

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

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

GRAVIER DE VERGENNES.

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DECLARATION

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

Translation.

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

B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.

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TO M. DE BEAUMARCHAIS.

Passy, September 10th, 1778.

Sir,

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

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

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

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

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

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

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

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

B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.

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TO M. DE SARTINE.

Passy, 10th September, 1778.

Sir,

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

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

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

We have the honor to be, &c.

B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.

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TO COUNT DE VERGENNES.

Passy, September 10th, 1778.

Sir,

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

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

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

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

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

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

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

We have the honor to be, &c.

B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.

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