Chapter M: Gerard to Arthur Lee (8)
I cannot conclude without again requesting, that you would reconsider the article, which was the subject of my last letter. If it is determined, that it shall stand in its present form, can there be any inconvenience in its not being finally concluded, till it has undergone the consideration of Congress? If this proposition is inadmissible, I sincerely wish, that the treaty may be for a term of years only, which is very customary in treaties of commerce, that if the mischiefs, which I apprehend, should not prove imaginary, they may have some limitation, and not be entailed on us for ever.
I have the honor to be, with great regard, &c.
RALPH IZARD.
THE COMMITTEE OF FOREIGN AFFAIRS TO RALPH IZARD.
York, February 5th, 1778.
Sir,
Your letter from Paris, of October 6th, last year, being read in Congress, afforded much satisfaction, as it signified your acceptance of the commission, which had been sent by Captain Young, and also held up a prospect of your obtaining a loan of money in Italy. Our apprehensions of danger to our liberties are reduced to the one circumstance of the depreciation of our currency, from the quantity which we have been obliged to issue. The different States are sinking their own emissions, and going largely into taxation for continental purposes; but it will require more time than we wish, before the good policy of taxation can have full effect upon the currency; therefore Congress have given, in regard to you, the same instructions as to the gentlemen at the Courts of France and Spain, and we doubt not of your best exertions.
We wish you success in the business of the enclosed resolves, as well as in every other undertaking for the good of the public, for your own personal felicity. We must leave you very much from time to time to receive intelligence of our affairs from the other Commissioners, to whom we shall have a more ready channel of conveyance, than to you.
We are, with much regard, &c.
J. WITHERSPOON,
J. LOVELL.
TO HENRY LAURENS, PRESIDENT OF CONGRESS.
Paris, February 16th, 1778.
Dear Sir,
I mentioned in my last letter what good effects the successes of the American arms had produced here. Nothing could have happened more seasonably. Our affairs were in a very unpromising state, and had our military operations failed, our Commissioners would not have found themselves more acceptable here than at St James’s. This, however, affords a very satisfactory reflection to every American who loves his country; which is, that she owes her liberty and happiness to her own virtuous exertions.
The Commissioners will by this opportunity send to Congress the treaty of commerce, which was signed here a few days ago. This treaty has not been much altered from the one agreed upon by Congress, in September, 1776, and transmitted to the Commissioners to be proposed to the Court of France. The principal alteration is that respecting molasses. The 12th article in the original treaty requires, that “no duty shall be imposed on the exportation of molasses from any of the Islands of The Most Christian King, in the West Indies, to any of the United States.” When this proposition was made to the French Ministry, it was objected, that this would be laying the king under a disagreeable restraint, and would be in fact making him not master in his own dominions; but that the States might be perfectly easy on that point, as it was inconsistent with the policy of France ever to lay a duty on molasses. One of the Commissioners still discovered a great inclination to have the article inserted in the treaty, and the Ministry believing from this circumstance, that Congress had made a point of it, thought it a good opportunity to secure an exemption of all duty upon tobacco exported to every part of the French dominions, and proposed it as an equivalent. The Commissioners objected to any particular article being selected, lest it might be complained of as a partiality, and offered to exempt from duty not only tobacco but every other production of the United States, that should be exported to the West Indies, provided molasses should be exempted from duty. This was so advantageous a proposal, that it was immediately accepted by them.
While this matter was depending, it appeared to me, that a very disadvantageous bargain was about to be made on our part, and I did every thing in my power to prevent it. Mr Lee, and his brother, who is Commissioner for the Court of Vienna, agreed with me perfectly in opinion. The execution of the treaty being left entirely to the Commissioners at this Court, neither Mr William Lee nor I had any vote in the business. Dr Franklin and Mr Deane continuing determined to have the molasses exempted from duty, the article was agreed to, and now forms part of the treaty. I understand, however, that if Congress objects to it, there is a verbal promise on the part of France, that it shall be expunged.
Mr Lee has received a commission for the Court of Madrid; and the successes of America have once more put the French Ministry into good humor, so that our affairs will I hope now go well. My gout, which has been very severe, is a great deal better, and as soon as the weather grows a little milder, I intend setting out for Italy.
Ships have been despatched to America, without the least notice given to me, that I might get my letters ready; intelligence received from Congress, whatever the nature of it, has never been communicated to me but by report, and when the important news of General Burgoyne’s surrender was received, Dr Franklin and Mr Deane did not think proper to give me any information about it, though I was confined to my bed. It did not seem decent, that such an event should be communicated to me from any other quarter. These circumstances you will allow to be not very agreeable. I was determined, however, not to quarrel; it seemed to me better to bear with them, than to risk an addition to those animosities, which I have already mentioned, and which I am convinced have been very prejudicial to our public affairs. That there might, however, be no excuse for the continuance of such conduct, I wrote a note to Dr Franklin, appointed an interview, and with studied moderation, mentioned such parts of his conduct as I disapproved of. He acknowledged everything, apologized for everything, and promised, that in future I should have no reason to complain. He has not thought proper to be so good as his word, and his proceedings since have been more exceptionable than before. As far as he and Mr Deane have had it in their power, they have concealed from Mr William Lee and me every proceeding respecting the treaty of commerce, which has for some time been negotiating, and I heartily wish they had carried it through without my having occasion to interfere. I thought it my duty so to do, and have sent you my letter to Dr Franklin on the subject, with his trifling answer, and my reply.[64] This is all that has passed between us on the business, and the only satisfaction that I have in the matter is, that the French Minister has, in consequence of this correspondence, given the verbal promise already mentioned.
Should Congress be informed by either of the Commissioners, that there would have been danger of the miscarriage of the treaty if this article had not been inserted, you may depend upon it, that is not true. The Ministry were very willing to have the article respecting the molasses left out, and likewise that, which has been agreed to by the Commissioners as an equivalent. The instructions from Congress, which accompanied the treaty, did not authorise them to offer any equivalent. Congress seemed not to be much interested in the fate of the article, and the Commissioners, instead of being empowered to offer such a sacrifice in favor of the New England Provinces, were expressly enjoined to give up the article, if any objection was made to it, taking it for granted, I suppose, that it never could enter into the heart of a Frenchman to lay a duty on a commodity, that without the American market would be totally useless to them. These are the words of their instructions. “The twelfth and thirteenth articles are to be waved, if you find that the treaty will be interrupted by insisting on them.” How those gentlemen could take it upon them to act so directly in opposition to this instruction, I cannot conceive. It is true, they were both born in New England, but it is not to be supposed, that they could be so forgetful of their duty to the public, as to suffer themselves to be biassed by any such motives.
I understand they mean to exert themselves in support of what they have done, and that they expect their arguments will prevail upon Congress to approve of the article. For my part I am convinced, that the article is injurious to America, and, therefore, I have not only given myself but you a great deal of trouble about it, and bespeak your attention to it, and hope, that if you agree with me in opinion, you will not only oppose it yourself, but likewise make all the interest you can to get it expunged.
If you are acquainted with Mr Duer, I should be glad that you would communicate the contents of this letter to him, as I shall not be able to write to him by this opportunity. Every thing seems to bear the strongest appearance of war in this country, and every Frenchman seems to be desirous of it. England on her part is making great preparations, and in all likelihood there will be a very bloody contest, as the two nations are exasperated against each other to a great degree. England entered foolishly into this business at first, and she does not yet seem perfectly convinced of her error, as she is going to plunge deeper into misfortune, without men, money, or allies. Russia and Portugal are the only connexions that she has. One of these powers is in such a state as rather to require than afford assistance, and the other will have enough upon her hands from the Turks. Holland has manifested very unfriendly dispositions towards her, and the King of Prussia has given the most explicit and unequivocal assurance, that he will be the second power in Europe to acknowledge the independence of America.
The death of the Elector of Bavaria was a circumstance, that occasioned some alarm here, as it was feared that France might be forced into a continental war, in support of the succession of the Elector Palatine. This, however, in some degree has passed over, and I hope the German Princes will be left to settle their differences by themselves.
In one of my letters I informed you, that Congress had neglected to furnish Mr William Lee and me with funds to support us in the characters they had done us the honor of investing us with. We were informed, that the Commissioners at this Court were possessed of a very large sum of money belonging to Congress, and therefore applied to them for a letter of credit on their banker, to the amount of two thousand louis d’ors, each of us, on the public account, which they gave us.
You will see how improper it will be for me to depend upon these gentlemen for information respecting the proceedings of Congress, and the state of affairs in America. You will I hope take care, that they be regularly transmitted to me, as it will be of great importance to me not to be neglected.
I am, dear Sir, with great regard, &c.
RALPH IZARD.
[64] See the three preceding letters.
BENJAMIN FRANKLIN TO RALPH IZARD.
Passy, March 27th, 1778.
Sir,
The bearer says he is a native of Charleston, South Carolina, and he wants a pass to go into Italy. I do not well understand the account he gives of himself. He seems to be lost and to want advice. I beg leave to refer him to you, who will soon be able to discover whether his account is true.
I have the honor to be, &c.
B. FRANKLIN.
TO BENJAMIN FRANKLIN.
Paris, March 29th, 1778.
Sir,
I have seen the person you referred to me, and who is desirous of my recommending him to you for a passport to go into Italy. He says that he was born in South Carolina, but has been so long out of it, that he neither knows anybody there, nor does anybody know him. He left London with an intention of going to Italy, and came to Paris to see the world, before he settled with a merchant, to whom he is engaged as a clerk, at a place he hears is called Livorno. As this account did not appear very satisfactory, I desired him to excuse my troubling you with any recommendations, until he put it in my power to do it with propriety.
You will give me leave to remind you, that I had the honor of addressing you on the 30th of January, in reply to yours of the 29th, and requested the favor of you to reconsider the article in the treaty then negotiating, respecting the exports of North America, which had given me much uneasiness, and in which I think myself greatly interested. From your letter of the 29th I had reason to hope, that in a few days you intended to give me an explanation on certain points, wherein I thought myself injured, and to show me that I was mistaken. In vain have I expected this satisfaction. I am very desirous of receiving it, and when the dates referred to are considered, I hope I shall not be thought too importunate, in requesting that it may be soon. At the same time, you will be so good as to inform me, why no answer has been given to my letter to you, and the other Commissioners at this Court, of the 5th of this month, and whether I am to expect any.
I have the honor to be, &c.
RALPH IZARD.
BENJAMIN FRANKLIN TO RALPH IZARD.
Passy, March 30th, 1778.
Sir,
From the account you give me of the man who pretends to be of Carolina, as well as from my own observation of his behavior, I entertain no good opinion of him, and shall not give him the pass he desires.
Much and very important business has hitherto prevented my giving you the satisfaction you desired, but you may depend upon my endeavoring to give it to you as soon as possible. An answer was written to your letter of the 5th of this month, and signed by us all, which I thought had been sent to you till Mr Lee informed me that having communicated to you the contents, you told him it would not be satisfactory, and desired it might be reconsidered, and he had accordingly stopped it for that purpose. We have not since had an opportunity of reconsidering it, and as the end is now answered by the communication of the treaty, perhaps it is not necessary.
I condole with you sincerely on the great loss sustained in Charleston by the fire in January last, said to have destroyed six hundred houses, valued with the goods at a million sterling.
I have the honor to be, &c.
B. FRANKLIN.
TO BENJAMIN FRANKLIN.
Paris, March 31st, 1778.
Sir,
I received yesterday the treaty of alliance, and the alterations that have been made in the treaty of commerce proposed by Congress, from the hands of your grandson, and likewise a letter from you, which informs me that much and very important business has hitherto prevented your giving me the satisfaction respecting your conduct which I desired, but that I might depend on your endeavoring to give it to me as soon as possible. While you were engaged in settling the treaty, I avoided giving you any additional trouble, especially as I am persuaded that the satisfactory explanation you have promised will require no uncommon exertion of your abilities. I conceive you have acted unjustifiably; you think that I am mistaken, and I shall be heartily rejoiced to find myself so. You will excuse my requesting that the explanation I have desired may be given soon.
I have the honor to be, &c.
RALPH IZARD.
TO HENRY LAURENS.
Paris, April 1st, 1778.
Sir,
I am but this moment informed by report, that Mr Gerard, who is appointed Minister Plenipotentiary from this Court to Congress, is immediately going to set out for America. It would have been improper that this should have been publicly known, as the Court of England might have endeavored to intercept him. Dr Franklin and Mr Deane were, however, acquainted with it, and as usual concealed it from Mr Lee and myself.[65] I shall make no comment on this behavior. If it does not upon the bare recital of it strike you as unjustifiable, and disrespectful to Congress, in not acquainting us whenever they knew of proper opportunities to write, nothing that can be said will make you think so.
I congratulate you most heartily on the presentation of the three Commissioners at this Court, as representatives of a sovereign and independent State. This happened on the 20th of March. I should immediately after have left this city for Italy. My inclinations lead me most strongly to do it, but I am sorry to inform you that a little longer delay is become absolutely necessary. I am assured from Florence, of the favorable dispositions of the Grand Duke towards us, and I had no doubt but immediately after the acknowledgment of our independence here, the example would have been followed in Tuscany.
Most unfortunately the death of the Elector of Bavaria has thrown all Germany into convulsions. The claims of the House of Austria to part of that Electorate, and the coldness lately shown by France towards the Emperor on that account, are likely to dispose the latter towards England in the approaching war. I say likely, for nothing is certainly known yet respecting these matters. My letters, however, from Florence give me reason to fear, that my reception there in a public character will depend upon the proceedings of the Court of Vienna. I have acted hitherto without paying the least regard to my own inclinations, in perfect conformity to what I have thought the wishes of Congress, and I shall continue to act in the same manner to the best of my judgment. It will make me very happy to be assured of the approbation of Congress.
Mr Deane, I understand, accompanies Mr Gerard, and has received a present from the French Ministry. This is a thing of course; he may, however, make use of it with Congress as a reason why he should return. I shall avoid entering into particulars respecting this gentleman, and shall only in general give you my opinion of him, which is, that if the whole world had been searched, I think it would have been impossible to have found one on every account more unfit for the office into which he has, by the storm and convulsions of the times, been shaken.[66] I am under the fullest persuasion, that the Court of France might long ago have been induced to stand forth in our favor, if America had had proper representatives at this Court. I must repeat what I have done in some former letters, that whatever good dispositions were shown by Mr Lee, they were always opposed and overruled by the two eldest Commissioners.
If Congress are desirous of having a representative in Italy, it may be proper to send a commission for the Court of Naples. It would be agreeable to me to have such a commission, so that I might be either there or in Tuscany, as occasion might require. This I only mention to you in case of such a thing being thought of. I wish not to solicit any thing for myself, neither do I desire my friends to trouble themselves much about me. Whenever they think of me without any application on my part, I look upon myself as the more obliged to them.
I am, dear sir, &c.
RALPH IZARD.
[65] They were not permitted by the French Court to make it known.
[66] In reply to this letter, see Mr Deane’s letter to the President of Congress, dated October 12th, 1778, Vol. I. p. 129.
TO BENJAMIN FRANKLIN.
Paris, April 4th, 1778.
Sir,
It is with reluctance, that I find myself compelled to be again troublesome to you. Your conduct has given me great uneasiness. I have repeatedly complained to you, and you have several times verbally and by letter promised me an explanation of it. It is of great importance that I should have this satisfaction, and that it should be no longer delayed; you will therefore be so good as to write me by the gentleman, who is the bearer of this, when I may expect you to comply with your promise. I must also request that you will give me in writing the reasons, which at Chaillot you told me induced you to think, that Congress did not intend I should have the alterations proposed in the treaty of commerce communicated to me. This you assured me, at the time, should be done within a day or two, and though several weeks have elapsed, I have heard nothing from you on the subject. I mention this matter to you now, because I believe my conversation with you has been misrepresented. If this has been done by mistake, I am desirous of having it corrected.
I am, Sir, &c.
RALPH IZARD.
BENJAMIN FRANKLIN TO RALPH IZARD.
Passy, April 4th, 1778.
Sir,
If I continue well, and nothing extraordinary happens to prevent it, you shall have the letter you so earnestly desire some time next week.
I am, Sir, &c.
B. FRANKLIN.
TO HENRY LAURENS.
Paris, April 11th, 1778.
Dear Sir,
I send copies of my letters whenever I hear of an opportunity, in hopes of some of them getting safe to your hands.
Mr Adams arrived in Paris two days ago, and it is no small disappointment to me, that he has brought me no letters from you. I was at first afraid that my despatches by the Benjamin, which Mr Folger had the charge of, had been stolen, as well as Mr Lee’s, but am very glad to find, by a letter from Mr Lovell to Dr Franklin, that all my letters got safe. What a very extraordinary piece of villany this must have been. I have the strongest suspicion who the person is that was at the bottom of it, but will not take upon me to mention his name. I most sincerely hope, whoever he is, that he may be discovered and brought to light. It is much to be feared, that this will prove a difficult matter, as the person, who could be capable of it, must be sensible how dangerous it must be for him to be discovered, and, therefore, without doubt, the utmost cunning and precaution have been employed to conceal himself.
I think myself much obliged to my friends in Congress, who have assigned me the department of Tuscany; I prefer it to any of the Courts except France or England. The former, it is probable, will be filled by one of the present Commissioners. Should England in two or three years acknowledge the sovereignty and independence of the States, it would be very agreeable to me if Congress thought me worthy of being their representative at that Court. I flatter myself with the hopes of having your approbation; at the same time, I must repeat what I have mentioned in a former letter, that I would wish to be as little troublesome to my friends as possible.
It is particularly distressing to me, as I am living at the public expense, to be obliged so often to inform you, that it still continues improper for me to go to Florence. I have consulted this Court on the subject, and they are of opinion, that I should wait here until a more favorable opportunity offers. In following this advice, I think that I am acting according to the wishes of Congress, and you may depend upon it, that I shall upon all occasions continue to do so to the best of my judgment. I have not written lately to the Committee of Foreign Affairs. As I have written to you by every opportunity, I thought it unnecessary, and I should be obliged to you if you would give that reason to them. I have never had any instructions on this point from Congress, and whenever you receive anything from me, which you think necessary to be laid before those gentlemen, I should be obliged to you if you would be so good as to communicate it to them. You will be so good as to let me have your opinion on this point, whether it will be necessary for me to write to the Committee, or if it will be sufficient for me to write to you only.
The Commissioners at this Court have not yet been received into the _Corps Diplomatique_, because they have not had proper letters of credence from Congress. When those letters are sent to them, you will be so good as to let them be sent to me and also to Mr William Lee. The title of Commissioner is not at present used, as formerly, at the Courts of Europe. I will venture to give you my opinion privately on this subject, which is, that the representatives from the States of America at the Courts of France and Spain should be Ambassadors, and at the others Ministers Plenipotentiary. The last title is in general use; the persons possessed of it take rank below envoys, and therefore I would prefer it because it will probably prevent all disputes. I mention this solely to yourself, and you will either make use of it or not, as you think proper.
Mr William Lee has a commission not only to the Emperor, but likewise one to the King of Prussia. This is a very unlucky circumstance, as those two princes are, in all probability, on the point of going to war with each other. Mr Lee is gone into Germany, without being fully determined which Court he should present himself at first. I am inclined to think, that it will be that of Berlin. Congress, in the commission which was sent out for the Court of Vienna, forgot to mention the Empress Queen. This was a great mistake, as she is during her life the sovereign of all the hereditary dominions of her family, and the Emperor is only head of the German Empire. I do not know whether Mr Lee has mentioned this in his letters to Congress, but it is of considerable importance, and should be attended to whenever a new commission is sent out.
I have the honor to be, &c.
RALPH IZARD.
_P. S._ The seal, that I shall make use of in all my letters to you, will either be my coat of arms, which is on this; or a rattlesnake with this motto, “don’t tread on me.”
TO BENJAMIN FRANKLIN.
Paris, April 25th, 1778.
Sir,
It is with the utmost astonishment, that I find myself so often obliged to remind you of your engagement to me. You have repeatedly given me the strongest assurances, that you would justify your conduct to me in writing, but you have not kept your word. Dr Bancroft and your grandson have both told me, that this justification has long ago been begun, and you have several times been employed about it.
The cautious manner in which you concealed the departure of M. Gerard, the French Plenipotentiary, and Mr Deane, from those who have complaints against you, manifest on your part no inclination to discontinue the causes of them. The losses of the public despatches to Congress, by accident at sea, by the capture of the enemy, and by the villany or negligence of those to whose care they have been intrusted, ought to have deterred you from concealing so safe an opportunity from those, whose duty requires them to write. It might have been very proper, that the port from which they were to sail should have been concealed, as well as the manner of their going, but it appears to me to have been your indispensable duty to inform those gentlemen, who have the honor of holding commissions from Congress, whenever you know of a safe opportunity of writing to America.
It may not be necessary to discuss this point with you, as it will probably be laid before Congress, and they will form a proper judgment, both of the fact and your motives. My business with you at present respects your conduct previous to the departure of M. Gerard and Mr Deane, and I wish that neither your attention nor mine may be drawn from it. Mr Lloyd has informed me, that you told him there would be an opportunity of writing soon to America. I must request, that you will no longer attempt to amuse me with promises and excuses, but that you will give me the explanation, which you have so often bound yourself to give that it may be laid, by that opportunity, if necessary, before the representatives of my country, or that you will let me know in writing, that you will not give it me.
I am, Sir, &c.
RALPH IZARD.
JOHN J. PRINGLE TO RALPH IZARD.
Paris, April 26th, 1778.
Sir,
In compliance with your request I waited on Dr Franklin and delivered to him your letter; he had scarcely read it when he said, “Mr Izard has written me a very angry letter; please to tell him, that he has only made use of general assertions of my having done wrong, which I cannot otherwise answer than by denying. If I have given him any causes of offence, he should let me know what they are.” To this I replied, “that you had been kind enough to form so good an opinion of me, as to admit me into a share of your confidence, therefore I could take upon me to say, that you were persuaded you had clearly stated, in the several letters he had received from you, circumstances affording sufficient grounds of offence.” He said, “he should be glad to know what those circumstances were.” I answered in the first place, “that conceiving it your duty as a member of the States, having a considerable fortune there, and intrusted with a commission from Congress, to communicate as occasion offered all the intelligence you could, you found this communication greatly obstructed by a concealment on the part of Dr Franklin of proper opportunities, when it was quite unnecessary, or when the end of secrecy might be answered, though you had been intrusted with the knowledge of them.” Upon which Dr Franklin told me, “that you had only complained of this in the present letter, and as to the particular opportunity you mentioned by Monsieur Gerard, or Mr Deane, he had not himself looked upon it as a good or proper one, and had not himself made use of it to write.”
As another ground of complaint I observed, “that while the commercial treaty was on the carpet, you considered one article as highly unreasonable and inexpedient, and therefore expressly objected to it; you had in a letter fully specified the reasons upon which your disapprobation was founded, and had sent this letter to Dr Franklin, in hopes of his removing your scruples, and setting you right if you were wrong, or letting your reasons and objections, if they were just, produce some good effect before the conclusion of the treaty, but you had never been favored with any answer on the subject, though you had repeatedly requested it.” Dr Franklin alleged, “that he would have given a full and satisfactory answer, but he had been prevented by business and various avocations, that he was still willing to give one, but could not conceive why you should be so impatient. Suppose he could not give it for a month hence, what great inconvenience would it occasion?” I observed, “that the sooner you had it, you might be the better prepared to guard against any misrepresentation.” Dr Franklin assured me, that he had not been, nor would he ever be, guilty of any misrepresentation; so far from it, that he had not even written anything concerning the matter. I told him, perhaps you might choose to lay it before Congress, and his answer might enable you to do it more fully and satisfactorily. Dr Franklin said you should have an answer, but you must be patient, for he really was very much engaged by other business, and interrupted by people continually coming in upon him, though some upon frivolous errands, as was the case with the two Frenchmen, just gone away, who came only to ask him to buy cloth.
I suggested as a third ground of complaint, that you had been directed by the Congress to propose to the Court of Tuscany a commercial treaty similar to the one concluded with this Court, which you therefore required as necessary for your regulation, in pursuance of the instructions of Congress, who directed you should have, not only the original treaty, but also the alterations which might be proposed; both were nevertheless withheld from you by Dr Franklin without the least regard to your applications. Dr Franklin replied, “did he go into Tuscany? Has not the treaty been sent to him?” I said, you had good reasons for staying; that the treaty was kept from you till the other day, when perhaps it was necessary for you to have had it as early as possible, even previous to your departure, to give it the maturer consideration, and because there might be explanations you would like to have made here, or observations might occur to you, which you might think it advisable to communicate to Congress, to have their further instructions as soon as you could.
I do not recollect, that Dr Franklin made any direct reply to this. He observed, that he was clear he had not given you any just cause of offence, or reasonable grounds of complaint, that he was studious to avoid contention; he acknowledged that he owed you an answer, but though he was in your debt he hoped you would be a merciful creditor; he would say, as the debtor in the Scripture, “have patience and I will pay thee all;” that you certainly ought to give him time, as you had urged so much matter as would require a pamphlet in answer. I told him, that I was sure it was far from your disposition to court quarrels, that if the reasons he gave in his answer to you were just and satisfactory, you would undoubtedly allow them their full weight; that satisfaction you were desirous of having, and were anxious to have the affair ended. He said he should endeavor to do it as soon as possible; in the mean time, he hoped to have no more such angry letters from you; his answer he promised should be a cool one, and that people who wrote such angry letters should keep them, till they sufficiently reflected on the contents, before they sent them.
The above is nearly, to the best of my recollection, the substance, if not for the most part the words, of the conversation, which passed between Dr Franklin and myself, upon delivering him your letter today.
I have the honor to be, &c.
JOHN JULIUS PRINGLE.
COMMITTEE OF FOREIGN AFFAIRS TO RALPH IZARD.
York, May 14th, 1778.
Sir,
Your favor of December the 18th came to hand the 2d of this month, with the despatches of our Commissioners at the Court of Versailles, from whom we had received nothing regularly for about a whole year.
The decisive part, which His Most Christian Majesty has at length taken in our cause, must greatly influence other crowned heads in Europe, not immediately allied to Britain, to desire a portion in our friendship and commerce, and must prepare the way for your welcome reception at the Court of Tuscany. We are pleased to find, that you have formed a connexion with one, who promises to be so friendly to your Commission as your correspondent, the favorite Minister of the Grand Duke, and we think you could not have done better than in following his past advice.
The enclosed resolve of Congress of the 7th inst will remove any doubts about your support, which may have arisen in your mind from an omission on our part, which did not occur to us until we received a hint of it from the gentlemen at Paris, in their letter of February the 16th.
Other papers herewith sent will convey to you a general idea of our affairs, and we hope you will be particularly industrious to expose those attempts of our enemies, which are calculated to lead Europe to think we are not thoroughly fixed in our plan of independence. You may observe, that we proceeded on the draughts only of two intended bills, which had been sent to America by the British Ministry. We should not have done this, but from a conviction of insidious intentions founded upon former attempts to hurt our character abroad. We were so well satisfied of the spirit of these States to persevere in a noble cause, that we should have waited for the bills themselves, if we had not been anxiously attentive to the good opinion of Europe and the rest of the world. We were altogether strangers to the happy state of our affairs in France, accident and knavery having suppressed the despatches of our friends, as our former letters will prove, if any attempts shall be made to attribute our late determined conduct to a knowledge of our new alliance. Congress unanimously ratified the treaties on the 4th, and the people have showed their satisfaction, wherever the knowledge of the proceeding has reached. The army also, which is daily increasing in strength, has expressed its joy, and is now prepared either for honorable peace, or a continuation of the just war.
We shall endeavor to procure an enlargement of your powers, and shall immediately forward them to you. There can be no danger of any clashing of future treaties with those now made, provided the plain principles of mutual benefit, without any exclusive privileges, are made the basis. We send you the first volume of the Journals of Congress, another will be out in a few days, and shall be forwarded also. We recommend to you the frequent communication of your proceedings, and we wish you every felicity, being, Sir, your affectionate humble servants,
R. H. LEE,
JAMES LOVELL,
ROBERT MORRIS.
_P. S._ You are to have Plenipotentiary Commissions, with instructions not limiting the terms of the proposed treaties of amity and commerce.
TO ARTHUR LEE.
Paris, May 18th, 1778.
Dear Sir,
The fifth article of the treaty of alliance has given me a great deal of uneasiness, as it seems to have been intended to exclude the United States of America from possessing themselves of the two Floridas. The article is as follows. “If the United States should think fit to attempt the reduction of the British power remaining in the _northern parts of America_, or the Islands of Bermudas, those countries or islands, in case of success, shall be confederated with or dependant upon the said United States.” I had the honor of stating my apprehensions to you and the other Commissioners at Passy, on the 3d instant.
Dr Franklin did not think they were well founded, nor that any such construction could possibly be put upon the article. North America, he said, strictly speaking, comprised all parts of the Continent north of the Equator, and the Floridas being in the latitude of thirty degrees north, would be comprehended within the meaning of the words “northern parts of America.” I thought it would be best to put it out of all doubt by getting that explanation of the words under the hands of the French Ministry, especially as they would at least admit of dispute, and might in future produce disagreeable consequences. Dr Franklin said, that Congress had given some instructions respecting the cession of part of Florida to Spain, and objected to making any application on the subject to the French Ministry, as it might be taken ill, and added, if my apprehensions were ever so just, it was too late for any remedy in France, but that the Commissioner for the Court of Madrid might guard against any bad consequences in the treaty, which he had to conclude with that Court.
The resolution of Congress of the 30th of December, 1776, to which Dr Franklin alluded, extends only to the town and harbor of Pensacola, and circumstances are much changed in America since that resolution was made. It declares, “that if His Catholic Majesty will join with the United States in a war against Great Britain, they will assist in reducing to the possession of Spain, the town and harbor of Pensacola.” Had Spain complied with the request, had she stood forth our friend in the day of distress, the offer made by Congress might with propriety have been claimed. She did not declare war against Great Britain, and I do not know, that she has done anything yet to entitle her to any great share of our regard. It appeared to me, that if the French Ministry understood the words, as explained by Dr Franklin, they could not take it ill, that such an explanation should be required of them, but if they intended to have them understood as I feared they did, this was the proper place to have the doubts cleared up. If the words were meant to exclude the United States of America from the acquisition of the Floridas, it must have been intended for the benefit of Spain, and therefore the less likely was it to obtain any satisfaction from that quarter.
North America, strictly speaking, according to Dr Franklin, comprises all parts of the Continent north of the Equator. By the same rule it may be said to extend to the ninetieth degree of latitude. Considered in this point of view, no parts to the southward of fortyfive degrees can with propriety be called the _northern parts of America_. But the article seems to have no relation to so extensive a signification, and expresses the intentions of the framers of it very clearly. “_If the United States should think fit to attempt the reduction of_,” not the northern parts of America, but “the _British power_ remaining in the northern parts of America.” This power, without taking notice of an inconsiderable settlement on the Mosquito shore, or of Hudson’s Bay, may be said to have extended from the most southern point of Florida to the most northern part of Canada, and I am of opinion, that the United States of America will not be satisfied if any attempts are made to circumscribe their possessions within narrower limits.
The 9th article of the original treaty approved of by Congress in September, 1776, and transmitted by them to the Commissioners at this Court, not only confirms me in this opinion, but throws great light upon the intentions of the French Ministry. It is as follows; “The Most Christian King shall never invade, nor under any pretence attempt to possess himself of Labrador, New Britain, Nova Scotia, Acadia, Florida, nor any of the countries, cities, or towns on the Continent of North America; nor of any of the Islands of Newfoundland, Cape Breton, St Johns, Anticosti, nor any other island lying near to the said Continent in the seas, or in any gulf, bay, or river, it being the true intent and meaning of this treaty, that the said United States shall have the sole, exclusive, undivided, and perpetual possession of all the countries, cities, and towns on said continent, and of all islands near to it, which now are, or lately were under the jurisdiction of, or subject to the King or Crown of Great Britain, whenever they shall be united or confederated with the said United States.” These words admit of no mistake, no hidden meaning is concealed under them, nor could there be any possibility of contentions respecting the countries therein described, had they been inserted in the treaty.
With all due deference to Dr Franklin, I cannot help declaring, that I am firmly persuaded that the Court of France would not have substituted the 5th article in the place of the above, if they had not had some designs contrary to the intentions of Congress, so clearly expressed in their 9th article. His Most Christian Majesty, in the 11th article of the Treaty of Alliance, does not guaranty _generally_ to the United States their possessions, and the additions or conquests that their confederation may obtain during the war, from any of the dominions now, or heretofore possessed by Great Britain in North America, but stipulates that the guaranty shall only be _conformable to the 5th and 6th articles_. The latter of these contains nothing but a renunciation on the part of France of the Islands of the Bermudas, and of the whole continent of North America. As France does not pretend to any claim upon the Floridas, this renunciation can in no respect affect those Provinces. Spain, who was at the peace in 1763 obliged to cede them to Great Britain, may be desirous of resuming them, and the 5th article in the Treaty of Alliance seems to lay the foundation of such a claim. Should that event ever take place, it would prove extremely prejudicial to the interests of the United States in general, but particularly to those of the South. Spain would by that means have a direct communication with the Indians on our frontiers, and have it in her power to disturb our settlements whenever she pleased.
Lieutenant Governor Moultrie, in his letter from Augustine, of the 4th of October, 1775, to General Grant, which was intercepted and published by Congress, among other reasons why General Gage should protect Florida, gives the following; “Consider, says he, that this is the best and only immediate communication between Great Britain and our red brothers,” the Indians. What a horrid use our enemies have made of this communication, you are well acquainted with. Florida was never of any advantage to Spain when in her possession, nor is it probable it ever would be, were it so again; but it will be of the greatest importance to the States of America, on account of security, which in all negotiations has been thought a sufficient reason for a claim, though no right existed, which is not the case in the present instance. In the 11th article, France guaranties to the United States, “their possessions and the additions or conquests, that their confederation may obtain during the war from any of the dominions now, or heretofore possessed by Great Britain in North America, conformable to the 5th and 6th articles.” In the 6th article, I observe, that “The Most Christian King renounces forever the possession of the Islands of Bermudas, as well as of any part of the continent of North America.” Nothing is said about Newfoundland, St Johns, Cape Breton, and the other islands on our coasts. Were they understood to be included in the renunciation and guarantee? Congress, in their original treaty, did not choose to trust to any future constructions, but mentioned each of these islands particularly by name. Whatever power may be in possession of them will in a great measure command the fishery.
This is a matter of great consequence, but, however just my apprehensions may be on this point also, I fear it is now too late to receive any satisfactory explanation respecting it at this Court, and we must again turn eyes towards you for relief. If the Court of Madrid could be prevailed upon to guaranty the Floridas, and these islands also to the United States, you would render an essential service to your country. I have upon many occasions experienced, that whenever her welfare has stood in need of your exertions, you have been ready to afford them, and, therefore, I cannot doubt but you will also do it in the business, which I have just laid before you.
I have the honor to be, &c.
RALPH IZARD.
ARTHUR LEE TO RALPH IZARD.
Chaillot, May 23d, 1778.
Dear Sir,
I have received your favor of the 18th, and remember well the conversation you mention. The 5th article stood originally thus. “Si les Etats Unis jugent à propos de tenter la conquête de la Canada, de la Nouvelle Ecosse, de Terrenueve, de St Jean, et des Bermudes, ces conquêtes en cas de succès appartiendront aux dits Etats Unis.” Even this did not appear to me adequate to the intentions of Congress; I therefore proposed that it should be as extensive and explicit, as was marked out to us in the 9th article of the plan proposed by Congress. My colleagues did not agree with me, and I remember perfectly Dr Franklin’s answer was, that Congress had receded from those claims since, by the concessions directed to be made to Spain. I submitted mine to the opinion of my colleagues.
I have already asked the commands of Congress, relative to conceding anything to Spain agreeably to the instruction of the 30th of December, 1776, which you mention, and you may be assured that I will never subscribe the cession of one inch of what Congress has claimed in the 9th article of their plan, without their express orders. I shall make no observations respecting the degree of gratitude to which Spain may be entitled, but the leaving of articles so loose as to occasion disputes, or making cessions which may plant a thorn in the side of any of the United States, is not the manner I should choose of showing it. How the 5th article came changed so much from what it was at first I never could learn. In my own justification I must observe, that from the conduct of one of my colleagues, and the intrigues of the other, I was furnished with a kind of half information, and secretly counteracted, so as to render it very difficult for me to be of any utility whatever in this negotiation.
I have the honor to be, &c.
ARTHUR LEE.
TO BENJAMIN FRANKLIN.
Paris, June 17th, 1778.
Sir,
Mr Pringle, who was the bearer of my last letter, has given me an account of his conversation with you on the subject of it. It would have been much more satisfactory to me, if, instead of speaking to him about the contents of it, you had done me the honor of writing an answer to it. Words which pass in conversation are sometimes forgotten and sometimes misunderstood. Misrepresentations are sometimes the consequence, which though produced by mistake, to a mind affected by ill treatment, of which neither the occasion can be learned nor the progress stopped, may pass from effects proceeding from either causes. I enclose you a copy of Mr Pringle’s letter. You will be so good as to correct any mistakes that may be found in it. Some there probably are; I do not, for instance, think it likely you could have said that you did not know what I complained of, at the same time that my complaints appear so numerous, that it would require a pamphlet to answer them. It is impossible that both these assertions can be true; and though I cannot agree with you in either, I shall not dispute about them, but refer you to the several letters which I have written since the receipt of your favor of the 29th of January.
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The Diplomatic Correspondence of the American Revolution, Vol. 02Chapter M: Gerard to Arthur Lee (8)
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