Chapter M: Gerard to Arthur Lee (7)

The manner in which Mr Deane sent me the letter, informing me of my appointment, joined with what is now manifest, a formed design in him and Dr Franklin to make Mr Williams (nephew of the latter, and who now appears connected with the former in private mercantile business) commercial agent,[57] in opposition to the Secret Committee’s appointment, renders it evident that he expected either the interception of that letter or my answer would have subjected me to imprisonment and secured their plan. It is this disappointment that makes Mr Deane so outrageous against me, for not having committed so great an act of imprudence, situated as I was, as to be writing to him by the post upon such a subject. That this scheme of Mr Deane might be more effectual, notice of my appointment was circulated upon the Royal Exchange of London, before I received Mr Deane’s letter; and not long after, it was published in the newspapers in authentic letters written from Paris. Now, as Mr Deane acknowledges that he received a letter announcing my appointment, it must have been by him, that others were enabled to write and publish it to all the world, while my life, liberty, and property were at stake. It is hardly in charity to believe, that these were not the intended victims of Mr Deane’s conduct.

3dly. Mr. Deane says, “So far was he (meaning me) from ever executing, or publicly attempting to execute that agency, until after the news of General Burgoyne’s defeat had arrived in France, that he did nothing that ever I heard of, which could have prevented his returning to the exercise of his Aldermanship in London.”

If anything could astonish me, that comes from Mr Deane, surely here is abundant matter for astonishment. He had just before, from under his own hand, on the very same paper, acknowledged my having attempted to exercise that appointment, in the joint letter from Mr Thomas Morris and myself as commercial agents to himself and Dr Franklin, in August, 1777, which he calls _severe_, but which I aver is a very civil one, and that it does not contain a single harsh or offensive expression. He acknowledges, also, the conference I had with all the Commissioners in France in October, on the subject of the commercial business, when Mr Izard was present. He knew, also, that I had received a cargo publicly at Nantes, belonging to Congress, by the Abigail, Captain Jenne, which vessel was loaded again by me, and despatched back for America in three weeks, while other American vessels, of no greater size or importance, were detained at Nantes from two to three months. He knew, also, or ought to have known, that I had written a letter addressed to all the Commissioners, Dr Franklin, Mr Deane, and Mr Arthur Lee, on the 10th of November, 1777, which was delivered to Dr Franklin as eldest Commissioner the same day, wherein I requested a copy of the treaties, that had been proposed to the Courts of France and Spain, agreeably to my instructions from Congress, that I might not, as a Commissioner of Congress, propose anything repugnant thereto to the Courts of Vienna and Berlin. After these things, and a continued series of operations in the public service, (all of which Mr Deane was acquainted with) from the time I was permitted to act by himself and Dr Franklin, until the 4th of December, when the news of General Burgoyne’s defeat arrived at Paris, with what face could Mr Deane make such an assertion as he has done? Most of these things also being of public notoriety, and capable of being proved by a multitude of witnesses, can any one suppose Mr Deane so totally ignorant of the laws of England, as to imagine he could think I might return “to the exercise of my Aldermanship in London,” without being a madman desirous of hanging myself?

This gentleman attempts to excuse himself and Dr Franklin, for not answering the joint letter of Mr Morris and myself to them, by laying the blame on Mr Arthur Lee, not a syllable of which was mentioned at the conference I had in October, 1777, at Passy with the Commissioners, when Mr Izard was present, and which Mr Lee has answered himself; but he omits to say why my several letters from Nantes, as commercial agent on public business to the Commissioners, were not answered, and of which I not only complained at the conference but since. In order to invalidate what Mr Izard has written, he totally mistakes the purport of the letter, in which Mr Izard complains of Dr Franklin’s and Mr Deane’s refusing to write. This letter, as desired by me, was a general one to all captains and others, informing them that I was a Commercial Agent of the Secret Committee of Congress, and that in consequence, they ought to follow my directions and orders in all matters relative to the commercial business of the Committee.

So far from my proposing the suspension of Mr Morris, I never thought that the Commissioners had the least shadow of authority to do it. It is certain, that Mr Deane not only proposed the suspension of Mr Morris at this conference, but at several other times. As a confirmation of this assertion, I beg leave to give the following extract of Mr Deane’s letter to me, dated, “Passy, December 18th, 1777. My advice before your appointment (as was well known) was to supersede Mr Morris, and appoint another until the pleasure of Congress should be known; I was always of the same opinion after your appointment, that you ought to conduct the business alone; these are well known to have been my uniform sentiments.”

Mr Deane labors much to throw an odium on me, as wishing to monopolise to myself the places both of honor and profit. Probably, from the weakness of his memory he forgot, that in the commencement of his address to the public, he states, that before September, 1776, he “had the honor to be the _Commercial_ and _Political_ Agent of America in Europe.” He also forgets, that the first cause of any difference between us was his usurping the exercise of the Commercial Agency, to which Mr Morris and myself were appointed by the Secret Committee, while he was not only one of the Commissioners to the Court of Versailles particularly, but generally authorised to treat with every power in Europe; the influence and patronage of which very expensive commission, he was perpetually endeavoring to retain entirely to himself. He also seems to be ignorant of what I suppose is known to most people in Philadelphia, that his “venerable friend,” as he calls him, Dr Franklin, is at this moment not only sole Minister Plenipotentiary to the Court of Versailles, but also in fact sole superintending Commercial Agent in all Europe.

I have the honor to be, &c.

WILLIAM LEE.

[56] See these letters and paper in Mr Deane’s Correspondence, Vol. I, pp. 129, 139, 148, 155, of this work.

[57] For a correction of an error here, in regard to the imputed designs of Dr Franklin respecting his nephew, see the note on p. 164, of the present volume.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, March 25th, 1779.

Gentlemen,

Be pleased to refer to the foregoing copy of my letter to you of the 25th ult. by Mr Stockton, which may not get to hand as soon as this.

On the 10th instant an armistice was published between the Emperor and King of Prussia, and the same day the conferences were opened at Teschin in Austrian Silesia, to consolidate and reduce into form the treaty of peace between the two contending powers, the important articles of which have been already agreed upon by both parties. The operations of war have consequently ceased, but perhaps the final signature of the peace may not take place for some weeks.

The principal objects of my coming here, were to engage this Court to aid and assist me in adopting the most speedy and efficacious measures to prevent our joint enemies from reaping considerable advantage from the peace in Germany, by engaging a vast number of the free corps that have been raised for this war, to the number of fifteen or twenty thousand men, that will all be disbanded as soon as the peace is signed, and to aid me in endeavoring to get the German powers to acknowledge the independence of America, which would certainly have a decided influence on Great Britain, and induce her King and Ministers to make peace with us on the footing of independence.

As it is the regular and usual mode in Europe for one nation to treat with another on public business, through the medium of their public ministers, I applied to Dr Franklin on my arrival here, as the American Minister at this Court, to go with me to his Excellency Count de Vergennes to consult with him on these points. The doctor declined doing so, saying he was so little acquainted with German affairs, that he could not meddle with them. I told him that it was not his knowledge or idea of the German politics, that was to be communicated to the Minister, but mine, on which the Minister would form his own judgment with respect to the propriety of my propositions, but unless they were made to him in the regular mode by the Minister of Congress at this Court, it could not be expected that he would pay much attention to what came from me, as an individual unauthorised by Congress to treat with him on great political subjects. The doctor still refused either to go with me, or to write by me on the subject to Count de Vergennes. I shall, however, do every thing that is in my power to accomplish these desirable ends, and from the present appearance of things, it appears to me most probable I shall succeed in one, if not both the objects in view, if I can obtain the aid and concurrence of the Ministry here.

These are certainly objects of high importance, especially with respect to the troops, as the British Ministry have now several officers in pay in Germany waiting to engage them. Our enemies it seems are determined to prosecute the war against us, at least for this year; their plan must be begun before this gets to hand, and therefore opened to you, which renders it unnecessary for me to mention any thing on that subject.

With this, is a letter to President Jay, covering my reply to the allegations of Mr Silas Deane against me, in his letter to Congress of the 12th of October, to be laid before Congress, which I flatter myself will, in the mind of every impartial person, be not only a full vindication of my conduct, but also prove how little credit is due to any assertions of Mr Deane. As to myself personally, I am perfectly at ease with respect to the weak and wicked attempts of Mr Deane to injure me, for I am shielded with the invincible armor of innocence; but the injury his daring publication[58] has done to the common cause of America in Europe is not easily to be delineated, and I can assure you with truth, that our enemies are more elated at it, than they would have been with a capital victory. The reason for their exultation is too evident to require mentioning. Besides, it has created a diffidence in the minds of the Europeans, which will embarrass extremely every attempt at public negotiations, since few Ministers will treat with a people, who permit every thing that passes to be wantonly published to the world with impunity. I trust, however, the wisdom of Congress will not let its attention be drawn off from the great and principal object of providing effectually for defeating the open and secret efforts of our enemies against us, and finally to force them to an honorable peace; which I am convinced they will not accede to until they are driven off the continent.

I have the honor to be, &c.

WILLIAM LEE.

[58] His Address to the American People, published in the Pennsylvania Gazette, of December 5th, 1778.

RALPH IZARD AND ARTHUR LEE TO WILLIAM LEE.

Paris, June 22d, 1779.

Sir,

We had the honor of receiving your favor of the _______, in which you ask our advice relative to an application to the King of Prussia to comply with his promise, made through his Minister, Baron de Schulenburg, “that he would acknowledge the independence of the United States as soon as France had done so,” and whether it would be proper to change the channel of application from Baron de Schulenburg to the Minister of Foreign Affairs.

It is with great pleasure, that we contribute whatever is in our power to assist your judgment in what so materially concerns the public good.

We are of opinion, that in the present state of expectancy from Spain, it will be prudent to wait till her example also has given encouragement to the Court of Berlin, and contributed to counteract the motives from Russia, which withhold that Court from pursuing its interest and inclination in openly espousing our cause. That when it may be proper to move the question, the promises should be touched with delicacy, by stating, that the good will towards us, which the King had formerly declared, having been suspended in its operation by the war in Germany, you hope that their objection being now removed, he will not delay to give the world a decided proof of his sentiments, in the acknowledgment of the independency of the United States of America, which cannot fail by the weight of such an example to stop the further wanton effusion of blood.

As the King of Prussia is in fact his own Minister, we should imagine, that it might have a bad effect to change from Baron de Schulenburg, whom he seems to have appointed to transact this particular business. But in this, a knowledge of the actual situation of that Court must decide, and of that we are not informed.

We wish you every success in this important negotiation, and are, with the greatest esteem, dear Sir, yours, &c.

RALPH IZARD,
ARTHUR LEE.

JAMES LOVELL TO WILLIAM LEE.

Philadelphia, July 17th, 1779.

Sir,

The Committee of Congress for Foreign Affairs are officially instructed to inform you, that on the 8th of June last past, it was resolved to recall you from the Courts of Vienna and Berlin, to which you had been appointed. But you are also to be informed, that it is the sense of Congress, that you need not repair to America.

You may see the proceedings at length, respecting this business, in their Journals, printed authoritatively by David C. Claypole, and being in the hands of Dr Franklin or Mr Arthur Lee at Paris.

We are, Sir, with sincere regard, &c.

JAMES LOVELL,
_For the Committee of Foreign Affairs_.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Francfort, September 28th, 1779.

Gentlemen,

I have not had the honor of receiving any answer to the various letters I have written to you since my coming to this country, nor any letter from you since May, 1778, except a short one of the 28th of October last, which, added to my never receiving intelligence, information, or assistance of any kind from your Minister at the Court of Versailles, has rendered my situation extremely embarrassing; and, therefore, if my success has not been so complete as could have been wished, I shall hope for the indulgence of Congress, especially when it is considered, that the general system of affairs in Europe, for eighteen months past, has been so very critical as to puzzle the deepest and most refined politicians.

Not being able to prevail on your Minister at the Court of Versailles (as I mentioned to you in March last) to aid me, in getting the French Ministry to exert themselves in endeavoring to obtain a declaration of American independence by all the northern powers of Europe, that were interested in the Congress held at Teschin in Silesia last spring, I was consequently disappointed in the full hopes I entertained of obtaining so desirable a point, which there was the greatest prospect of succeeding in, if the Court of Versailles had made a point of it; at least I am assured, that the King of Prussia would not have had any objection, and from the very great influence he has in the Cabinet of Petersburg, there is little doubt but that he could easily have prevailed with the Empress of Russia to have given her consent. Had this point been gained, our enemies would have been deprived of every ray of hope of obtaining any assistance to continue the war against us, for the great object of their European politics has been, and is still, to draw the Empress of Russia into their quarrel.

We had not in this country got sufficiently quieted, after the signing of the peace of Teschin, on the 10th of May last, to make it prudent for me to take any public steps under the commissions I have from Congress, before the negotiations for peace under the mediation of Spain were drawn to a conclusion, but as the rescript delivered in June by the Spanish Ambassador to Lord Weymouth, in London, said not one word in our favor, but rather seemed to look on the Thirteen United States of America as being still colonies, or provinces, belonging to Great Britain, it became absolutely necessary for me to wait until this enigma could be cleared up, and till I could get sure information of the real designs of Spain, and the measures she intended to pursue.

As soon as I had got this information, I made a formal requisition to the Prussian Minister, hoping that, as the late war in Germany had prevented his Majesty’s former declarations in our favor from being carried into effect, and as that obstruction was now removed, his Majesty would not delay to acknowledge the independence of the Thirteen United States of America, which might be the means of putting a stop to the further wanton effusion of human blood. To this requisition I received the following answer from the Minister. “With respect to the declaration, which you again desire of the King, in favor of the independence of the Americans, I have frequently explained, that his Majesty having, by the position of his dominions and those of his neighbors, very different interests from those powers that are properly called maritime ones, he had no right to expect a direct influence in maritime affairs, and that he could not in wise policy take any measures in those affairs, because they would always be unfruitful, as they could not be supported by a warlike marine. The support of the maritime powers will make the balance incline in your favor more effectually, than all the declinations in the world, and Spain, by joining with France to make war on England, renders you the most essential services, without having acknowledged your independence. The King, in making the declaration now which you desire, would only embroil himself with England, without rendering the smallest service to your country. These are the reasons, which induce the King to confine himself at present to the facilities, which his Majesty has offered at different times with respect to commerce, in assuring you, which I do again, that merchant vessels of America, that choose to enter into the ports of the King, to sell their goods and to buy ours, shall be received in a friendly manner, and treated on an equality with the merchants of any other country.”

It has long been one object of my policy to engage the King of Prussia to act in our favor as a mediator for peace, whereby, if his mediation was agreed to, he might render us much more effectual service than by sending an army of fifty thousand men into Hanover, which step he could not take without arming the Emperor and the whole German empire against him. I have good reason to believe, that the King is much disposed to act in the quality of a mediator, but he is too wise to offer his services without being previously assured, that they would be accepted by both sides; however, we may expect very essential benefits from his influence with the Court of St Petersburg, who, it is said with confidence, has offered its mediation, and that it is accepted by the parties. I am informed, that the first proposition to be made to England by the mediating powers, as the commencement of the negotiation, is that America shall be treated as independent.[59] There is a strong inclination in Prussia to enter into the American commerce, and there is now a scheme in agitation under the direction of the Minister to make the trial, which, if the commencement is successful, will be carried on upon a very large scale, and will more effectually engage the King in our interests than any thing else. For this purpose, I think it would be of most essential service if two or three American vessels were to enter into the port of Emden, which is a good harbor, lying between Hamburgh and Amsterdam, and as easily got into as any of the ports of Holland.

I have continued my correspondence at Vienna, but having no powers to treat with the Empress Queen, who is still sole sovereign over all the dominions of the House of Austria, and the Emperor being much disgusted with some proceedings during the late war, and more so with its conclusion, is become of course much more disposed in favor of our enemies than he was, and consequently less inclined to serve us; therefore, little advantage can be expected from that quarter at present. Our friends in Holland increase every day, and I am still in regular correspondence with those who regulated with me the form of the treaty of commerce, copies of which have been sent you by various conveyances, and even now if the Stadtholder were to refuse to receive an American deputy, I have no doubt of his meeting a cordial reception from the city of Amsterdam, whose weight and decisive influence in their association you must be fully informed of.

Letters of good authority from England say, that the British Ministry would willingly agree to give up the independence of America to obtain peace, but it is feared that the obstinacy and folly of their master will prevent them from executing their plan; however, I am still firmly of opinion, that the best security and success of America will depend on her own efforts, her wise, steady, and uniform conduct. As the obtaining a fresh supply of troops from this country has been a favorite point with our enemies, I have paid continual attention to that object, and have the pleasure to inform you, that at present there is not any prospect of their obtaining fresh troops from this part of the world, as they have hitherto been defeated in all their various negotiations for that purpose; but as this campaign has passed away without any blow being struck in Europe, all the English fleets from the different parts of the world arrived safe without the least molestation, and the King’s hands are so much strengthened by the exertions of all parties in England to repel the invasion, which they have been threatened with all the year, that I think it is most probable the war will continue another year at least, for which, I suppose, proper provision will be made in America.

I have the honor to be, &c.

WILLIAM LEE.

[59] This was not true in regard to the “mediating powers,” but it was the invariable reply of France to all the propositions made by other powers for a mediation between her and England, that the independence of the United States must be assumed as a previously established point.

TO THE PRESIDENT OF CONGRESS.

Brussels, February 10th, 1781.

Sir,

Be pleased to inform Congress, that I have received information, which I think is to be depended on, that the British cabinet has lately determined not to send any more troops for this campaign to North America. I therefore submit to the wisdom of Congress the propriety of making every possible vigorous effort this year to expel the British troops from the continent, for there may be reason to apprehend if this is not done, and Great Britain can by any means extricate herself from the irresistible northern storm she has raised against her, by the mad and foolish attack she has made on the Dutch, that her whole force will be employed next year against America, especially if she does not meet with some signal losses there this campaign.

The secret proposals for peace, which Great Britain is now making at Versailles and Madrid, are altogether insidious, and only intended to impede the active operations of France and Spain this year, whereby they hope, by getting the start, that they may obtain some decisive advantages in the East and West Indies, for which countries their expeditions are all now on the wing. The King of Prussia has been our steady friend, though wisely so, and has been of much service to us; therefore, from motives of gratitude as well as of justice and sound policy he ought not to be much longer neglected, for it is most certain that his wisdom directs greatly the present system of Europe.

I have the honor to be, &c.

WILLIAM LEE.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Brussels, April 12th, 1781.

Gentlemen,

Not having received any answers to various letters I have written to you, covering my account as Commissioner to the Courts of Vienna and Berlin, I take the liberty of again enclosing in this a copy of that account, No 4, but having understood that Congress had adopted another mode in settling Mr Izard’s account, I have stated another account, No. 2, conformable to that mode as I understand it, which is also enclosed, leaving it with your justice and discretion to determine which of them to lay before Congress.[60]

It is impossible to avoid observing, that the prevailing sentiments in America, and the situation of public affairs, which occasioned the resolution of Congress of the 20th of September, 1776, were very different from those, which dictated the resolution of August 6th, 1779.[61] Indeed, one difference is pretty remarkable, for at the first period, the office of a commissioner was so far from being esteemed a profitable and honorable appointment, that on the contrary it was refused, as the journals of Congress will show; but at the latter period there was such a change in the situation of the affairs of America, that similar appointments were sought after with great eagerness and much solicitude. It surely cannot be thought unreasonable, that this should be considered in rewarding those, who accepted of the appointments at the different periods, as well as the situations and stations in life that were quitted, and the personal losses that were sustained by entering into the public service. As to myself, I can solemnly aver, that my pecuniary loss from engaging in the service of my country exceeded the sum of £6000 sterling. This I do not mention as a peculiar merit, because I have no doubt there are others who have voluntarily made as great, if not much greater sacrifices in so good a cause; but as my family now feel not only that loss, but the want of that portion of my private fortune, which I was necessarily obliged to expend in the public service, I have reason to hope that the settlement of my account will be speedily determined, and I must further hope and request, that the payment of whatever sum Congress shall please to allow me may be ordered to me in Europe.

I have only to solicit, Gentlemen, your kind intercession that this business may be brought to as quick a decision as possible, in which you will confer a singular obligation on him, who has the honor to be, with the highest esteem, respect, and consideration, Gentlemen, your most obedient and obliged humble servant,

WILLIAM LEE.

[60] Both missing.

[61] “_August 6th, 1779_, Resolved, that an allowance of 11,428 livres tournois per annum be made to the several Commissioners of the United States in Europe for their services, besides their reasonable expenses respectively;

“That the salary, as well as the expenses, be computed from the time of their leaving their places of abode to enter on the duties of their offices, to be continued three months after notice of their recall, to enable them to repair to their families respectively.”

JAMES LOVELL TO WILLIAM LEE.

Philadelphia, September 20th, 1781.

Sir,

The decision of Congress respecting your letter of April 12th, which came to hand only the 4th of this month, is herewith transmitted. The period of payment will perhaps be more distant than you wish; but I am at liberty to assure you from the Superintendent of our Finances, that it is his intention to take the earliest possible opportunity to close this business.[62]

With much regard, I am, &c.

JAMES LOVELL,
_For the Committee of Foreign Affairs_.

[62] “_September 12th, 1781._ The committee to whom was referred a letter of the 12th of April last from Mr William Lee, report,

“That upon principles admitted by Congress in the settlement of an account similar to that transmitted by Mr Lee, there appears to be due to him a balance of 42,189 livres tournois; whereupon,

“_Ordered_, That the account be referred to the Superintendent of Finance, to take order for payment of the balance, with interest, at the rate of six per cent per annum from this day, as soon as the state of the public finances will admit.”

TO THE SECRETARY OF FOREIGN AFFAIRS.

Brussels, March 31st, 1782.

Sir,

Although I have not the honor of a personal acquaintance with you, yet I trust that this letter being on subjects which concern the interests of our country in general, I shall not stand in need of any apology for writing it.

You will be informed, probably, both by the newspapers and private letters, before this gets to your hands, of the late revolution in the British Ministry; the old set having given place to a new Ministry, composed of the Rockingham, Shelburne, and Grafton parties. This change has been forced on the king, very much against his inclination, and that of his secret advisers, Lords Bute and Mansfield, by the general exertion of almost the whole body of the people of England, both in and out of the House of Commons, who ardently wish for a peace, especially with America, and it appears that independence will not now be any great impediment, though they will endeavor to barter, as a consideration for acknowledging it for a beneficial treaty of commerce, the Newfoundland fishery and some other points.

It seems evidently to be the general wish of the nation, that a peace with America should be immediately made almost on any terms, and on that principle it is that they have forced the present Ministry into place; but as I am not quite clear that the principles of Lord Shelburne, or those of his friend, Mr Dunning, are in any manner friendly to America, and the king’s inveteracy continuing as great as ever, it is not possible to say how far the negotiations for peace may be traversed and impeded by secret manœuvres and intrigues; therefore in my opinion it will be wise in America to be well on her guard, and take her present measures, as if the war was yet to continue some years. I have not yet heard of his departure, but the 22d instant was fixed for General Carleton to leave Portsmouth in the Ceres, of thirtytwo guns, for New York, to take upon him the command in chief in America. The late British Ministry died as they lived, for one of their last official acts was to give the traitor Arnold, by patent, one thousand pounds sterling pension per annum for his and his wife’s lives.

It has been mentioned to me by a gentleman in the government here, that the Emperor is disposed to enter into a commercial treaty with America, and afterwards that a Minister or resident from Congress should reside at the Court here, this being the principal commercial country belonging to his Majesty. Though this communication was not official, yet it appears as if it had been made to me from their knowing, that I was formerly a Commissioner of Congress at the Court of Vienna; therefore I think it my duty to inform Congress of the circumstance through you, that they may take such measures in it as they think proper.

I will not presume to advise on the propriety or impropriety of appointing a Minister to treat with his Imperial Majesty, because Congress must be sufficiently informed, that the capital manufactures of this country in woollen, linen and cotton, and coarse hats, and the iron and steel manufactures at Leige, will be of great utility at all times in America; and the consumption of tobacco, indigo, rice, furs, skins, and salt fish is not only very considerable in this country, but in the adjacent inland ones, that always draw their supplies through the ports here. I will only venture to say, in my opinion, fifteen thousand livres tournois per annum would be a sufficient appointment for an American minister to reside at this Court, for his salary and expenses together. Should such a minister be appointed, his commission should run thus; “To negotiate, agree upon, conclude, and sign a treaty of, &c. &c. &c. between his Imperial and Apostolic Majesty Joseph the Second, Emperor of Germany, King of the Romans, of Hungary, Bohemia, &c. &c. &c. and the Congress of the United States of America, and afterwards to reside as Minister from the said Congress at the Court of Brussels, in the Austrian Netherlands, to transact such affairs as may be given to him in charge.” I mention this because there was a capital mistake in the original commission sent me to treat with the Court of Vienna, which I took the liberty of pointing out at the time.

You will find enclosed with this a copy of the London Gazette, and sentence of the Court Martial on Captain Dundass of the Boneta, which prove pretty explicitly a breach of the articles of capitulation at Yorktown by Lord Cornwallis and Captain Symonds. I do not know that the situation of affairs will render it necessary to take notice of this breach on the part of the enemy, but it appears to me proper that Congress should be informed of the fact.

With the highest consideration and respect, I have the honor to be, &c.

WILLIAM LEE.

THE CORRESPONDENCE OF RALPH IZARD,
COMMISSIONER FROM THE UNITED STATES
TO THE GRAND DUKE OF TUSCANY.

Ralph Izard was a native of South Carolina. He was residing in Paris with his family, when appointed by Congress a Commissioner to the Court of Tuscany. He had lived much in England and other parts of Europe. His Commission was dated July 1st, 1777. The state of European politics became such, that he did not visit the Court to which he was destined; nor did he leave Paris during the whole period of his agency. Congress recalled him on the 8th of June, 1779, and he returned in a few months afterwards to America. By correspondence he attempted to procure a loan in Italy, but without effect. It does not appear, that his services were in any way successful.

THE CORRESPONDENCE OF RALPH IZARD.

INSTRUCTIONS TO RALPH IZARD.

Philadelphia, July 1st, 1777.

Sir,

Herewith you will receive a Commission from the Congress of the United States of North America, authorising and appointing you to represent the said Congress, as their Commissioner at the Court of the Grand Duke of Tuscany. You will proceed with all convenient expedition to the Court of the Grand Duke, and will lose no time in announcing in form the declaration of Independence made in Congress, the fourth day of July, 1776. The reasons of this act of independence are so strongly adduced in the declaration itself, that further argument is unnecessary.

As it is of the greatest importance to these States, that Great Britain be effectually obstructed in the plan of sending German and Russian troops to North America, you will exert all possible address to prevail with the Grand Duke to use his influence with the Emperor and the Courts of France and Spain to this end.

You will propose a treaty of friendship and commerce with the said Grand Duke, upon the same commercial principles as were the basis of the first treaties of friendship and commerce proposed to the Courts of France and Spain, by our Commissioners, and which were approved in Congress, the seventeenth day of September, 1776, and not interfering with any treaties, which may have been proposed to or concluded with the Courts abovementioned. For your better instruction herein, the Commissioners at the Court of Versailles will be desired to furnish you, from Paris, with a copy of the treaty originally proposed by Congress to be entered into with France, together with the subsequent alterations, that have been proposed on either side.

You are to propose no treaty of commerce to be of longer duration, than the term of twelve years from the date of its ratification by the Congress of the United States. And it must never be forgotten in these commercial treaties, that reciprocal and equal advantages to the people of both countries be firmly and plainly secured.

There being reason to suppose, that his Royal Highness makes commerce an object of his attention, you will not fail to place before him, in the clearest light, the great advantages, that may result from a free trade between Tuscany and North America.

You will seize the first favorable moment to solicit, with firmness and respect, an acknowledgment of the independence of these States, and the public reception of their Commissioner as the representative of a sovereign State.

The measures you may take in the premises, and the occurrences of your negotiation, you will communicate to Congress, by every opportunity.

It may not be improper to observe, that these instructions, and all others, which you may receive from time to time, should be kept as secret as circumstances will admit.

JOHN HANCOCK,
_President of Congress_.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, October 6th, 1777.

Gentlemen,

I had the honor of receiving by the Independence, Captain Young, a commission and instructions from Congress, the objects of which I shall use my utmost endeavors to accomplish.

The powers of Europe seem to be waiting for the determination of the Court of Versailles, respecting the acknowledgment of the independence of America. As soon as she sets the example, it will I believe be followed by all those whose interest makes them wish for the diminution of the power of England. In this description may be comprehended every State, that can be of any service to us. It is very much the interest of most of the powers of Italy, that the strength of the British navy should be lessened; some of their ports, particularly those of Naples, and Civita Vecchia, have been frequently insulted, and all of them are liable to be so, by a nation not remarkable for its moderation. I think, therefore, that they must be disposed to afford assistance to the States of America, privately, either by subsidy or loan. Congress will be pleased to honor me with their instructions on this point; and, in the mean time, I shall endeavor to procure every information on the subject in my power. Should the proposition be approved of, they will furnish me with proper powers. If I should be so fortunate as to succeed in procuring money, I should be glad to know how it should be disposed of, whether in the purchase of such articles as are wanted, or remitted in specie.

I hope to be frequently favored with the proceedings of Congress, and with the state of affairs in America, which will be of importance to me, and cannot fail of giving weight to the appointment they have honored me with.

I have the honor to be, &c.

RALPH IZARD.

_P. S._ The Committee will be pleased to direct their despatches to me, to the care of Dr Franklin, or whatever Commissioner may be resident at the Court of France.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, December 18th, 1777.

Gentlemen,

Since my letter of the 6th of October, I have cultivated an intimacy with the Tuscan Minister, resident at this Court. He is a man of honor, of considerable abilities, and extremely friendly to our country. I proposed to him, that I should immediately set out for Italy, and desired his opinion and advice. He dissuaded me from executing my intentions for the present, assured me of the good disposition of the Grand Duke towards us, and promised me to use his utmost endeavors to promote our interest with him. He thought, that my presence at this time might produce some embarrassment at his Court, which would not long be the case. He is since gone to Florence, and I am convinced, that no services that he can render the States will be withheld.

This gentleman is a great favorite, and I am well assured is more in the confidence of the Grand Duke than any of his Ministers. I flatter myself, therefore, that I have acted according to the wishes of Congress, in conforming to his advice. I have repeatedly pressed him on the subject of the German troops, recommended to me by Congress, and he has done every thing I could wish him to do. I have the satisfaction to learn, that the King of Prussia has refused to let a body of Germans, intended for America, pass through his dominions, and it is said, that he was induced to take this step at the desire of the Emperor. I expect letters very soon from Florence, which will regulate my conduct. Every thing in my power has been done to execute the trust that has been reposed in me by Congress; and it will make me extremely happy, whenever an opportunity offers of rendering any service to my country.

The irresolute and indecisive state of the politics at the Court of France, has for some time kept all Europe in suspense. The late success of our arms against General Burgoyne has given a fortunate turn to our affairs in this kingdom, and the conduct of the French Ministry has confirmed me in an opinion I have long had, that the establishment of our liberties must depend upon our own exertions. One successful battle will gain us more friends, and do our business more effectually, than all the skill of the ablest negotiators. I repeat my request, that I may be furnished from time to time with the proceedings and resolutions of Congress, and likewise with the state of affairs in America, which will be highly useful to me.

I am, &c.

RALPH IZARD.

ARTHUR LEE TO RALPH IZARD.

January 28th, 1778.

Sir,

You may if you please mention to the other Commissioners, that I have asked your opinion of the proposition of setting all our exports to the French Islands, against the molasses imported from them, in a perpetual exemption from duties. If your arguments should convince them, I am still ready to co-operate in preventing the article from taking effect, and think there is yet time. But a day may render it irrecoverable.

I am, &c.

ARTHUR LEE.

TO BENJAMIN FRANKLIN.

Paris, January 28th, 1778.

Dear Sir,

Mr Lee has asked my opinion on an article, which he informs me has been under the consideration of the Commissioners, viz, whether an exemption from duty on molasses is an equivalent for a total exemption from duty of all the exports of North America to the French West India Islands?

In answer to this question I am clearly of opinion, that it is not, and if that article should be agreed to by the Commissioners, without an absolute necessity, I cannot help thinking it will be a sacrifice of the general interests of America to those provinces which import molasses. I shall not be suspected of partiality, or of being actuated by any motives but those of the public good, when it is known that South Carolina, the province in which all my property lies, imports a considerable quantity of molasses for distillation. Should the article in question be agreed to, the French might lay what duty they pleased upon their European exports, and even upon their sugar, coffee, and other productions of their Islands, without our having any check upon them whatever. For if, in consequence of any such duty imposed by them, a duty were to be laid by America on any of her exports to France, the French vessels would have nothing to do, but to clear out for the West Indies, and sail directly for Europe, or touch first at one of their Islands. This will certainly at least open a door for smuggling, and may occasion a discontinuance of that friendship and harmony, which ought to subsist between the countries. This article seems the more extraordinary to me, as I do not think there is the least probability of any duty being ever laid by the French upon molasses, as the distilling it into rum would materially interfere with their brandy, and therefore a duty would endanger a diminution of the consumption of it.

I am very sensible, that the decision of this business is committed entirely to the Commissioners at this Court. At the same time I cannot help thinking it my duty, not only as a gentleman of considerable property in America, but likewise as one whom Congress has thought proper to honor with a commission similar to your own, though at another Court, to endeavor to prevent the execution of an article, that I think injurious to the interests of my country. I prefer this application to you singly as a friend, to one addressed to all the Commissioners, and I hope the latter will be unnecessary.

It is very painful for me to write to you in the language of complaint, but I feel myself hurt, and it is proper that I should tell you of it. It does not appear to me to be possible, that any inconvenience could have arisen, if you had mentioned to me the proposition of an exemption of all duties on our exports, as a compensation for the exemption of the duty on molasses alone. When I had the pleasure of seeing you last at my house, I spoke to you in general about the treaty, and particularly about the article of molasses, and expressed my fears, that the French Ministry would not consent to have such a restraint put upon their power, as was contained in the article of the original treaty. I asked you whether you were under any injunctions of secrecy, which prevented you from satisfying me. You replied, that certainly secrecy was necessary to be observed, but that as I was myself a Commissioner, you thought that you might without any impropriety talk with me on the subject, and informed me that the objection, which I apprehended, had been made, and that the article was to be given up. Not a word was mentioned about an equivalent. As you thought at that time, that my being a Commissioner entitled you to speak to me on the subject, I cannot conceive what impropriety there could possibly have been in your doing it, when so material an alteration was under consideration.

The instructions sent to me by Congress came through your hands, and it will be hardly necessary to remind you, that though the conclusion of the treaty with this Court is intrusted to you, and the other gentlemen joined with you in the Commission, I am directed by the same authority under which you act to apply to you for a copy, not only of the original treaty, but likewise of “every subsequent alteration, that has been _proposed_ on either side.” It appears therefore to me, that as soon as the alteration was _proposed_ it ought to have been communicated to me. Had you made such communication, I should have thought it my duty to have called your attention to the principles of the treaty, and should have requested you to consider whether you were not going to act in direct violation of them. My reason for thinking so is, that I am instructed to “propose to the Court of Tuscany a treaty on the same commercial principles as are the basis of the treaty, which you are directed to propose to the Court of France.” What this basis, and these principles are, is clearly explained to me in the following instructions. “It must never be forgotten in these commercial treaties, that reciprocal and equal advantages to the people of both countries be firmly and plainly secured.” This matter gives me a great deal of uneasiness, and I am extremely anxious to know, if there be yet a possibility of stopping the execution of the article. You will therefore excuse my requesting, that you will favor me with an answer to this letter as soon as possible.[63]

I have the honor to be, with great regard, dear Sir, your most obedient humble servant,

RALPH IZARD.

[63] See the history of the 11th and 12th articles of the treaty, in Mr Deane’s letter of the 12th of October, 1778, Vol. I. p. 166; also in Arthur Lee’s, letters, Vol. II, p. 127.

BENJAMIN FRANKLIN TO RALPH IZARD.

Passy, January 29th, 1778.

Dear Sir,

I received yours late last evening. Present circumstances, which I will explain to you when I have the honor of seeing you, prevent my giving it a full answer now. The reasons you offer had before been all under consideration. But I must submit to remain some days under the opinion you appear to have formed, not only of my poor understanding in the general interests of America, but of my defects in sincerity, politeness, and attention to your instructions. These offences, I flatter myself, admit of fair excuses, or rather will be found not to have existed. You mention, that you _feel yourself hurt_. Permit me to offer you a maxim, which has through life been of use to me, and may be so to you, in preventing such imaginary hurts. It is, “always to _suppose_ one’s friends _may be right_, till one _finds_ them wrong, rather than _to suppose them wrong_, till one _finds_ them right.” You have heard and imagined all that can be said or supposed on one side of the question, but not on the other.

I am, nevertheless, with sincere esteem, dear Sir, your most obedient and humble servant,

B. FRANKLIN.

TO BENJAMIN FRANKLIN.

Paris, January 30th, 1778.

Dear Sir,

I was yesterday favored with your letter, containing a maxim, which though a very old one, I am bound to thank you for, and can assure you, that so far from disapproving it, it has been one of the constant rules of my life. If you will be pleased to recollect the most extraordinary inattention, to say the least of it, with which I have been treated during the six months I have been in Paris, you will I hope think I have profited by it. You will be pleased likewise to recollect, that after having borne this for a considerable time, I complained to you of it. Forced as I was into this complaint, it was, however, not made without studying how it should be done in a manner least likely to give you offence. I should have been extremely glad, if you had attended to the maxim yourself yesterday. Had you done so, I should not have been supposed to have formed an opinion, that you had a poor understanding in the general interests of America, or that you were insincere. My letter had no such meaning, neither can any such construction be fairly put upon it.

I shall give you another proof of my attention to your maxim, by not being offended at your assertion, “that I have heard and imagined all that can be said or supposed on one side of the question, but not on the other.” You may depend upon it, you have adopted an erroneous opinion, and what that is I will inform you when you favor me with the explanation promised in your letter. You will do me the justice to remember, that it has been my constant endeavor to accommodate the differences, that I found prevailing to a very great degree upon my arrival here. I shall be extremely sorry, and think it a misfortune, if I should be drawn into any with a gentleman of whom I have so high an opinion as I have of you, and for whom I feel so strong a disposition to continue an esteem and friendship. This I hope will not be expected to be done at too great an expense; by my being silent when I think it my duty to speak.