Chapter M: Gerard to Arthur Lee (10)

When the peace of Paris in 1763 was concluded, I was in London, and heard the subject of the fishery much discussed; the French pretended that by the 13th article of the treaty of Utrecht, they had an exclusive right to fish on all that part of the island of Newfoundland, which extends from Cape Bonavista to Point Riche. The English Ministry would not admit of any such explanation of the article, and accordingly the French have enjoyed no such exclusive right since. The words “indefinite and exclusive right” are not to be found either in the treaties of Utrecht or of Paris, yet they were inserted in the 10th article of our treaty of commerce, and that it may seem as if no innovation was intended, that right is claimed as having been _designed_ by the treaty of Utrecht, and the whole is to be conformable (not to the words,) but to the _true sense_ of the treaties of Utrecht and Paris. I do not think that the States of New England would be very well contented, if they should find themselves excluded from the right of fishing on any part of the coast of Newfoundland. I have endeavored to get all the information I could on this matter, and am confirmed in my opinion that it is intended.

The discussion of this business will probably not be entered upon till the conclusion of peace, and that event I fear is not very near at hand. It is however of importance, that those persons who are likely to be affected by this matter should be acquainted with what I have written to you about it, that they may consider it and be prepared.

The commercial business of America in this kingdom continues still in confusion. You were fully informed on this point sometime ago, and I recommended Mr Lloyd strongly as a proper person to set these matters right. I believe him to be a very capable merchant, and I have the highest opinion of his integrity and attachment to the cause of America. These are qualities at all times to be valued, but in the present situation of our affairs, at the distance the commercial agent is placed from the seat of inquiry, the difficulty there is of preventing the plunder of the public money, and the detecting of it after it is done, are additional motives with me for wishing to see the commercial business of our country in his hands. He is going to America, and I expect that he will see you at Congress. Dr Franklin is still endeavoring to place his nephew in that office.[68] Whether he is a proper person I shall not take upon me to decide. Mr Lee thinks he is not, and I suppose will offer his reasons to Congress.

I have lamented exceedingly that the situation of affairs has not permitted my going into Italy. Perhaps my having been here, and the observations that I have sent you respecting the treaties, may not prove useless; should my countrymen think so, it will give me great satisfaction.

I am, dear Sir, &c.

RALPH IZARD.

_P. S._ I have communicated my sentiments to Mr Lee and Mr Adams respecting the fishery, and I hope they will write on the subject to their friends. It will, however, I think, be very proper for you to speak to the New England delegates about it, that they may have time to consider it, and consult their constituents.

[68] For the correction of an error here, respecting Dr Franklin’s designs in regard to his nephew, see the present volume, p. 164, note.

THE COMMITTEE OF FOREIGN AFFAIRS TO RALPH IZARD.

Philadelphia, October 28th, 1778.

Sir,

It is unnecessary to say anything to you about the particular foundation of the enclosed Resolve. We hope you will experience good consequences from it, in a point very interesting to you while in Tuscany. There, you certainly must depend greatly on our correspondents in France for American intelligence, which will be much more frequently sent from hence to them than to you. We shall enjoin it upon them to furnish you, and particularly upon Mr Adams, while he remains at Paris.

Mr A. Lee will communicate to you the purport of some papers, which are sent to him, and in which you are jointly concerned. It was not possible for us at this time to send you extracts from them.

You will be pleased at knowing that the British Commissioners are convinced of the folly of their errand to America, and are returning home. It is probable that the British army will follow them soon, or at least go to the West Indies. Of this, however, the Marquis de la Fayette, the bearer, may gain fuller information before he sails from Boston. Though a pressing load of other business has till this time prevented Congress from taking up the whole consideration of their foreign affairs, yet that must be the speedy consequence of their appointment of Dr Franklin Minister Plenipotentiary at the Court of France. All the papers of this Committee are on their table, and we shall despatch packets upon any material decision.

In the mean time we wish you every success, and are with much regard, Sir, your friends and humble servants,

RICHARD H. LEE,
JAMES LOVELL.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, January 28th, 1779.

Gentlemen,

I have had the honor of informing Congress, that the political state of Europe has prevented the Grand Duke of Tuscany from receiving me in the character of their representative, and as I thought it would be injurious to them if I had resided at his Court in any other character, I have remained in France, ready to embrace the first opportunity of obeying the orders of Congress, if any change of circumstances should put it in my power to do so.

In consequence of a resolution of Congress, “that the Commissioners at the other Courts in Europe be empowered to draw bills of exchange from time to time, for the amount of their expenses, upon the Commissioners at the Court of France,” I drew a bill of exchange on the 12th instant for five hundred louis d’ors, on the Commissioners at this Court, and I waited on them at Passy with it myself for acceptance. I presented it to Dr Franklin, as eldest, who refused to accept it. He said the two thousand louis d’ors, which I had already had, were so extravagant a sum, that he was sure I could not have spent it, and if I had, he saw no reason why Congress should support my family. Congress will be pleased to recollect, that my commission is dated the 1st of July, 1777, and that I received it the September following. Dr Franklin added, that the resolution of the 7th of May, 1778, to which I referred him, directed that the Commissioners _at_ the other Courts of Europe should draw bills for the amount of their expenses, but as I was not _at_ Florence, he was determined not to consent that any more money should be paid me, and I might protest the bill if I pleased. I desired that he would favor me with his reasons in writing, which he promised to do; but though I wrote to him eight days after about it, and received a repetition of his promise under his hand, he has not to this day paid the least regard to it. Congress will judge, when they consider the differences, which have for some time past unhappily subsisted between us, by what motives Dr Franklin has been actuated in the conduct, which I have just stated, and will, I hope, take such measures as will for the future prevent any such unjustifiable proceedings.

As the Commissioners at the other Courts of Europe are directed to draw bills of exchange for their support, on the Representatives of Congress at the Court of France, the situation of the former will be very deplorable, if the latter are allowed the liberty of disobeying those orders of Congress, whatever may be the pretence for such disobedience. At the time of Dr Franklin’s refusal to accept my bills for five hundred louis d’ors, there were in the hands of the public banker between two and three hundred thousand livres. Dr Franklin is not empowered to judge of the propriety of my going into Italy, or staying in France. I consulted him however about it, and it was his opinion, that the situation of affairs did not admit of my going to Florence. After Dr Franklin had refused to accept the bill, I presented it to Mr Lee and Mr Adams, who accepted it immediately. It is with reluctance that I lay this matter before Congress, but it is my duty to do it, as it is an evil that requires an immediate remedy. Our disagreements are much to be lamented by every friend to our country; I can, with the most perfect truth declare, that I have done every thing in my power to prevent them, but I have found it impossible. I have a most grateful sense of the goodness of Congress to me, in appointing me one of their Representatives in Europe; it has been my constant wish to prove myself worthy of the confidence with which they have honored me, and I consider it as my greatest misfortune, that I have not had it in my power to render them any service.

As there does not appear to be any prospect of my being received in my public character at Florence, nor any other means of my being of service, I am desirous of returning to America. I should take the first opportunity of doing so, but do not think myself at liberty to leave Europe without the permission of Congress; you will very much oblige me if you will be so good as to obtain that permission for me, and send me copies of it by several opportunities.

I have the honor to be, &c.

RALPH IZARD.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, March 4th, 1779.

Gentlemen,

I had the honor of writing to you on the 28th of January, and have since received your letter of the 28th of October, informing me of the appointment of Dr Franklin to be Minister Plenipotentiary at the Court of France, and enclosing a resolution of Congress of the 22d of the same month. The respect, which I owe to the Representatives of my country in Congress, would make me follow any advice which I might receive from them. I am most perfectly convinced, that the cultivation of harmony and good understanding between the Ministers, Commissioners, and Representatives of Congress, is necessary for the honor and interest of the United States, and I have acted to the utmost of my power in conformity to that opinion.

Congress will be enabled to judge how far their other servants have done so, from the papers which have already been, and will be, laid before them. I beg leave to repeat again the high sense I have of the honor that Congress did me, in appointing me one of their Representatives in Europe, and to request that you will be so good as to obtain their leave for me to return to America, as I see no prospect of my having it in my power to render them any service in this part of the world. I should embrace the opportunity of going under the convoy of the Alliance frigate, but do not think myself at liberty to leave Europe without the permission of Congress.

I have the honor to be, &c.

RALPH IZARD.

THE COMMITTEE OF FOREIGN AFFAIRS TO RALPH IZARD.

Philadelphia, July 17th, 1779.

Sir,

Your letter of March 4th was read in Congress three days ago, being then only first received by the Committee of Foreign Affairs. We should have been very happy to have received it before the 8th of June,[69] as it would, undoubtedly, have founded a resolve of Congress more agreeable to us to communicate officially, than that to which we must now refer you in their journals, printed authoritatively by David C. Claypole, and which are in the hands of Doctor Franklin, or Doctor Arthur Lee, at Paris.

We have till now omitted to forward to you that resolve for your recall from the Court of Tuscany, as we daily expected a settlement of a definite recompense for your services to these United States. But the modes of doing business in such an assembly as Congress will not warrant our detaining, until such settlement, some important papers committed to us to be sent to the Court of France.

I am, with sincere regard, &c.

JAMES LOVELL,
_For the Committee of Foreign Affairs_.

[69] _In Congress, June 8th, 1779._ “According to the order of the day, Congress proceeded to the consideration of the report of the Committee of thirteen on Foreign Affairs; and on the question, shall Mr Izard be recalled?--resolved in the affirmative.

“A motion was then made, that Mr Izard be informed, that it is the sense of Congress that he need not return to America;--resolved in the affirmative.”

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, September 29th, 1779.

Gentlemen,

I have lately been favored with your letter of the 17th of July, referring me to a resolution of Congress of the 8th of June, by which I find that they have been pleased to recall me. It has long been my wish to resign a commission, which did not put it in my power to be of any service to America; and, therefore, if Congress had had the goodness to have expressed their resolution in such a manner as not to have conveyed a censure, which my conscience tells me I have not deserved, it would have given me a great deal of pleasure.

You say that if my letter, of the 4th of March, had been received before the 8th of June, it would have founded a resolve of Congress more agreeable to you to communicate than the one referred to. I have received, likewise, the resolution of Congress of the 6th of August, respecting the allowance to be made to the Commissioners. Upon my applying to Dr Franklin to know if he had received any directions from Congress to pay me any money, and whether he thought himself authorised by that resolution to do it, he answered me, that he had received no orders about it. “On the other hand, (said he) there is a part of it which directs, that every Commissioner, who has been intrusted with public money, shall transmit without delay his accounts and vouchers to the Board of Treasury in order for settlement. Till such settlement is made, I conceive it cannot be known what, or whether anything, is due to you.” I was in hopes, that after what I had already written to Congress on this subject, it would have been unnecessary to trouble them any more about it. Their resolution of the 7th of May, 1778, directs, “that the Commissioners appointed for the Courts of Spain, Tuscany, Vienna, and Berlin, should live in such style and manner at their respective Courts, as they may find suitable and necessary to support the dignity of their public character, keeping an account of their expenses, which shall be reimbursed by the Congress of the United States of America.” I have repeatedly informed Congress of my reasons for not going into Italy. Had those reasons not been satisfactory, they would doubtless have signified their pleasure to me on the subject, which should have been the rule of my conduct.

I do not conceive that the resolution of the 6th of August, which directs that those who have been intrusted with public money shall transmit their accounts and vouchers to the Board of Treasury to be settled, can have any reference to me. I have received two thousand five hundred louis d’ors of the public money, exclusive of the clothes and education of my children. This latter circumstance I should not have mentioned, had not Dr Franklin told me, that he saw no reason why Congress should maintain my family. I cannot believe, that Congress intended any such distinction when they sent me a commission, nor when they entered into the resolution of the 7th of May, 1778; neither can I think, that, by calling for the accounts and vouchers of those who have been intrusted with public money, their intention is to enter into an examination of my butcher’s, baker’s, or apothecary’s bills. I hope they will be satisfied with being informed, that my expenses during the two years, that I have had the honor of being in their service, have amounted to sixteen hundred louis d’ors a year. The resolution of the 6th of August set forth, that the _reasonable expenses_ of the Commissioners shall be paid. It is impossible for me to tell what ideas may be affixed to those words; but I am sure, that whatever Congress may think reasonable will be perfectly satisfactory to me, let the sum be what it will. All I desire is, that I may not be subjected to be ill treated by a man, who is become my enemy, because I have done my duty to the public.

I have the honor to be, &c.

RALPH IZARD.

TO THE PRESIDENT OF CONGRESS.

Philadelphia, August 6th, 1780.

Sir,

In several letters which I wrote to Congress from Paris, I acquainted them with my reasons for not going into Italy. It will give me great pleasure to be informed, that those reasons and my conduct have been approved of by the Representatives of my country. Permit me, Sir, to request, that you will be pleased to inform Congress of my arrival in this city, and that I shall be ready, whenever it is their pleasure, to give them any information in my power respecting their affairs in Europe.

I have the honor to be, &c.

RALPH IZARD.

THE CORRESPONDENCE OF HENRY LAURENS,
COMMISSIONER FOR NEGOTIATING A TREATY OF AMITY
AND COMMERCE WITH HOLLAND.

Henry Laurens was a native of Charleston, South Carolina, and born in the year 1724. He was among the foremost in embracing the cause of the Revolution, which he maintained to the end with extraordinary integrity, zeal, and firmness. As President of the first provincial Congress of Carolina, which assembled in 1775, he showed a determined spirit, that never forsook him afterwards, even in times of severe trial and suffering. He was a prominent member of the Continental Congress, and chosen President of that body on the resignation of Hancock. In the year 1779, the finances of the United States became so low, that it was found necessary to use every effort to procure foreign loans, and Mr Laurens was appointed a Commissioner to negotiate a loan in Holland. On the first of November following, there was joined to this commission another, which authorised him to negotiate a treaty of amity and commerce with the United Provinces.

Various reasons prevented his leaving the country, till the last of August, 1780. Meantime the Commission for a loan had been assigned to John Adams, and Mr Laurens was exclusively charged with the negotiation of a treaty. A few days after he sailed, the vessel was taken by a British man of war, and carried into St John’s, Newfoundland. From this place Mr Laurens wrote to Congress, but he was immediately sent to England, where he was closely imprisoned in the Tower for nearly fifteen months. He was at length released, in exchange for Lord Cornwallis. His papers were thrown overboard when the vessel was taken, but they did not sink before they were secured by the enemy. Being forwarded to London, their contents became the chief cause of a war between England and Holland.

After his release from the Tower, Mr Laurens went over to Holland, where he met Mr Adams, and proposed to engage in the business of his mission, but did not find by Mr Adams’s instructions, that he was authorised to proceed in such a measure. In reply to his request for a recall, Congress informed him, that his services were still needed in Europe, and directed him to join Messrs Franklin, Adams, and Jay at Paris, to assist in the negotiations for a general peace. This duty he performed, as far as the precarious state of his health would admit. Between the signing of the preliminary and definitive articles he spent much time in London, and rendered essential service by the intelligence he communicated to the British Ministry, and leading men of the government party, respecting the feelings of the people in the United States, particularly in regard to matters of trade, and a commercial treaty, which were then agitated in the British councils. He had several interviews on American affairs with Mr Fox, to whom he expressed his mind freely, as he had formerly done to Lord Shelburne.

Mr Laurens returned to the United States in the summer of 1784, and retired to his native State. No solicitations could induce him afterwards to accept any public office. He died on the 8th of December, 1792, at the age of sixtynine.

THE CORRESPONDENCE OF HENRY LAURENS.

INSTRUCTIONS TO HENRY LAURENS.

In Congress, October 26th, 1779.

Congress took into consideration the report of the Committee on Instructions to the person appointed to negotiate a loan in Holland; whereupon

_Resolved_, That he be instructed to borrow a sum not exceeding ten millions of dollars, at the lowest rate possible, not exceeding six per cent per annum.

_Resolved_, That he be empowered to employ, on the best terms in his power, some proper mercantile or banking house in the city of Amsterdam, or elsewhere, in the United Provinces of the Low Countries, to assist in the procuring of loans, to receive and pay the money borrowed, to keep the accounts, and to pay the interest.

That he be also empowered to pledge the faith of the United States, by executing such securities or obligations for the payment of the money, as he may think proper; and also that the interest shall not be reduced, nor the principal paid, during the term for which the same shall have been borrowed, without the consent of the lenders or their representatives.

That he be directed to give notice to Congress of any loan made by him, or under his authority, and to direct the house by him employed to accept and pay the bills of exchange, which may be drawn under the authority of Congress.[70]

[70] For an account of the appointment of Henry Laurens to “negotiate a foreign loan,” and also as a “Commissioner to negotiate a treaty of amity and commerce with the United Provinces of the Low Countries,” see the _Secret Journal of Congress_, Vol. II. pp. 283, 285, 290, 314, 320.

COMMITTEE OF FOREIGN AFFAIRS TO HENRY LAURENS.

Philadelphia, December 11th, 1779.

Sir,

By the enclosed resolves of Congress, you will find that we are become more dependent upon your vigorous exertions for the amelioration of our currency, than you perhaps expected when you left Philadelphia.[71] We think it of so much importance, that you should be early apprized of the measure determined upon respecting bills of exchange, that we do not choose to omit this good opportunity of conveying them, though unattended with a full explanation of the reasons which urge Congress to draw, more especially as you are so well enlightened by your late presence in that assembly.

We are, with every wish for your prosperity, &c.

JAMES LOVELL,
ROBERT R. LIVINGSTON,
WILLIAM HOUSTON.

[71] _In Congress, November 23d, 1779._ Committee reported, “that bills of exchange be drawn on John Jay to the amount of £100,000 sterling, and on Henry Laurens to the amount of £100,000 sterling, payable at six months sight, and that the same be sold at the current rate of exchange.”

_November 29th._ “Congress took into consideration the report of the Committee appointed to report the manner in which the resolution of the 23d instant, relative to the drawing bills of exchange on Mr Jay and Mr Laurens, shall be carried into execution; whereupon

“_Resolved_, That the bills be prepared under the direction of the Board of Treasury, and with such checks as they may devise to prevent counterfeits, and be signed by the Treasurer of Loans.

“That so many of the bills as the Treasury Board shall, from time to time think proper to issue, be put into the hands of the Continental Loan Officer in the State of Pennsylvania, or of any other State; and that the Board of Treasury direct the lowest rate of exchange at which the same may be sold.

“That the Board of Treasury may, at their discretion, suspend the sale of such bills, reporting to Congress their reasons for so doing, that they may receive directions thereon.

“That the Committee of Foreign Affairs be, and they are hereby directed to write to Mr Jay and Mr Laurens, informing them of the drafts that will be made upon them, and explaining fully the reasons that urge Congress to draw, directing them to keep up a mutual correspondence, and afford each other every assistance in procuring money to pay the bills.

“That 1.8 per cent on monies received in payment for the said bills shall be allowed to the persons intrusted with the sale thereof.

“That no bill be drawn for a less sum than the amount of £50 sterling.”

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Charleston, January 24th, 1780.

Gentlemen,

On the 11th instant I had the honor of receiving your commands of the 11th ultimo, accompanied by two Acts of Congress, one of the 23d of November, 1779, for drawing bills of exchange “on Mr John Jay for one hundred thousand pounds sterling, and on Mr Henry Laurens for a like sum,” and for appointing a Committee to report, &c. the other of the 29th of November, for carrying the first Act into effect by modes therein specified. Neither of these Acts intimates where the intended drafts are to be paid, nor where Congress expects me to be at the presentation of the bills, which are to be assigned for my acceptance, nor directs me to funds for discharging them; nor do the contents of your said favor of the 11th of December elucidate these ambiguities.

Probably, however, it might have been expected, that although I am to cross the Atlantic single, and the bills in quadruplicate, and although I am not yet honored with the Act of Congress appointing me to negotiate a loan in Europe, which should have been lodged in my hands as the corner stone for my proceeding, nor with means for procuring or paying for a passage thither, nor with other necessary and promised acts and letters from Congress, I am to meet one bill of each set in some part of the United Netherlands.

Taking for granted, therefore, that the bills are not to be presented to me in any part of America, I shall embark for Europe by the first opportunity, and, if it please God, that I arrive in safety, I shall proceed to Paris and Amsterdam with all possible despatch, when I shall expect to receive further and more explicit commands from Congress for enabling me to make those vigorous exertions, on which you are pleased to say the credit of our paper currency, or which is the same thing, the credit of these United States depends. Had I been apprized in proper time, that this quick step in accommodation bills had been in embryo, I should not have had resolution to face them. Should there now be any failure, it will not be the result of delinquency in any respect on my part.

I entreat you, Gentlemen, to inform Congress that I have engaged for a passage to France on board the French frigate Chimere, commanded by the Chevalier Durumain, who, at the special request of this State, is gone on a short cruise on the coast, in company with three of the Continental frigates, with a prospect of intercepting some of the enemy’s transport ships and troops from New York, intended for Georgia. Immediately after the Chimere arrives at the bar of Charleston, whither she is to return for necessary stores for her voyage, I shall embark. If any accident shall prevent her return, I will embrace the very next earliest opportunity of proceeding, either direct for Europe, or by way of the West Indies, without regard to my own private interest or indulgence. No vessel has sailed from this port for Europe, since my arrival here.

I have the honor to be, &c.

HENRY LAURENS.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Charleston, February 14th, 1780.

Gentlemen,

My last address went forward, under the 31st ult. by Mr Renshaw, one of the corps of escorts. The 10th instant, General Lincoln was on the point of ordering the Ranger frigate to conduct me to France. Governor Rutledge had given his consent, and I believe there would have been no opposition in Council, but on the 11th we received authentic intelligence of the arrival of the enemy’s troops from New York, at and near Tybee, and the next day of their having landed a large detachment on John’s Island, within sixteen miles of this capital. We heard yesterday, that another detachment had landed, and repossessed Beaufort, and we know that two ships of the line, two frigates, and several armed vessels, are cruising near the bar of this harbor. Thus environed an attack upon Charleston, very illy prepared for defence, may be every hour expected.

In these circumstances, were I to study my own private interests and desires, I should remain here, and stand or fall with my country. Whatever her fate may be, exceedingly heavy losses to me will be the consequence of my absence at this critical conjuncture, but the Governor and other judicious friends urge me to use every endeavor for obtaining a passage through some other channel. Duty dictates the same measure. I shall therefore proceed to North Carolina, where are four vessels belonging to this port, and embark immediately on board of one of them. In the mean time, I shall omit no opportunity of acquainting you with my circumstances.

I have the honor to be, &c.

HENRY LAURENS.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Charleston, February 24th, 1780.

Gentlemen,

I had the honor of intimating on the 14th instant, by a public messenger, my purpose of seeking a passage to Europe from North Carolina, but upon inquiry into the circumstances of the four vessels alluded to, I judged it best to embark at this port. General Lincoln has hired a swift sailing brigantine, the Adriana, Josiah Hill master, to conduct me to Martinique, and the government has relaxed the embargo on the vessel, and such cargo as she will be laden with, which will be no more than sufficient to ballast her. By agreement, this vessel should have sailed on the 20th instant, but bad weather and distracted times have been impediments. She will be ready for sea tomorrow. Nothing that I foresee will then detain her, unless the wind shall be unfavorable.

The General has contracted to insure the value of the vessel, with the condition of shipping such quantity of goods on Continental account, as I should judge proper, freight free; but I must pay for the use of the cabin, this being the perquisite of the master; and although it is small and very inconvenient, I suppose it will cost me forty or fifty guineas. I cannot yet bring Captain Hill to be explicit in his demand, but it shall be ascertained before I embark. Considering that the circuitous voyages, which I must make, will be attended with great expense; that Congress would have furnished me with means for defraying my expenses had it been in their power; that they had in contemplation when I left Philadelphia to raise a fund abroad, by the exportation of indigo; that I had an opportunity of shipping that and other articles free from freight, and at very moderate prices, compared with those of the staples of other States, I presumed that it would be pleasing to Congress that I should make such an export, on account of the United States, as will appear in the enclosed invoice and bill of lading. The indigo alone will probably yield upwards of £3200 sterling, at some market in Europe. The whole shall be faithfully accounted for, and I trust that Congress will enter into a resolution for indemnifying me, and order the amount of the invoice to be placed to my credit. If it please God to conduct me in safety, a part of the money arising from the sale of the goods may be very acceptable to Mr Jay, or other gentlemen in the service of these States abroad.

The vessel in which I am to embark is esteemed so good in this town, as to induce underwriters, notwithstanding she is to sail in the face of British men of war, to insure on her at 25 per cent; coming into this port she was pursued by those very men of war and their tender, but escaped them; she is now clean, and barely in ballast for sailing, and will go out in an evening. My long delay is a subject of grief to me, but Congress will be pleased to recollect, that I made my coming to Charleston, in order to present myself at the tribunal of my country, the _sine qua non_ of my acceptance of a new mission. The first opportunity that offered for Europe was the Chimere, Commodore Durumain. I have already informed you of the causes of my disappointment. I had not thought it possible, that the Commodore would have induced a junction of two Continental frigates with his little squadron of three ships, under an excellent plan for a ten days’ cruise, unless he had been fully determined to perform his part in the execution. A contrary proceeding exposed those frigates to imminent danger, which they narrowly escaped. What has happened since the Commodore’s departure, respecting my intended embarkation, Congress have been informed of.

I have the honor to be, &c.

HENRY LAURENS.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Vestal--British Frigate, }
St. John’s, Newfoundland, September 14th, 1780.}

Gentlemen,

I had the honor of writing to the Board of Admiralty, from on board the Mercury packet, the 23d ult.[72] by Captain Young, at parting with the Saratoga. On the 3d instant, the Vestal came in view, and after a pursuit of some five or six hours, Captain George Keppel took possession of the packet. Mr. Young, Captain Pickles, and myself, were conducted on board this ship, and yesterday we arrived here.

Certain papers, among which were all those delivered to me by Mr Lovell, and the board of Admiralty, fell into Captain Keppel’s hands. These papers had been enclosed in a bag, accompanied by a considerable weight of iron shot, and thrown overboard, but the weight proved insufficient for the purpose intended. Admiral Edwards, Governor of this Island, and commander of the stationed squadron, has ordered me to England in the sloop of war Fairy, under the command of Captain Keppel. Mr Young and Captain Pickles will probably go in the same vessel.

I should be wanting in justice, and indeed deficient in common gratitude, were I to omit an acknowledgment of Captain Keppel’s kindness to myself, and to everybody captured in the Mercury. Captain Pickles’ conduct, while he had the command of that vessel, was perfectly satisfactory to me.

I have the honor to be, &c.

HENRY LAURENS.

[72] This letter is missing, nor does it appear from the Correspondence at what time, or from what place Mr Laurens sailed. On the 20th of June, 1780, it was resolved in Congress, that, as circumstances had prevented his departure, the commission to negotiate a loan in the United Provinces and the Low Countries, should be transferred to John Adams. And on the 7th of July, it was resolved, “That the commission, which was agreed to on the first day of November, 1779, for the honorable Henry Laurens, as a Commissioner to negotiate a treaty of amity and commerce with the States-General of the United Provinces of the Low Countries, be delivered to him; and that the consideration of the instructions relative to the negotiation of the treaty be for the present deferred; and that Mr Laurens, on his arrival in Holland, inform himself of the state of affairs in that country, and advise Congress particularly thereof, that they may be able to decide with more certainty upon the terms on which such treaty ought to be settled.”

TO THE PRESIDENT OF CONGRESS.

Tower of London, December 20th, 1781.

Sir,

Almost fifteen months have I been closely confined, and inhumanly treated, and even now have not a prospect of relief. The treaty for exchange is abortive. There has been languor, and there is neglect somewhere. If I merit your attention, you will no longer delay the only speedy and efficacious means for my deliverance. Enter this if you please, and what it may produce, on your Secret Journal, and pardon the omission of ceremony.

I am, full of love and respect for you,

HENRY LAURENS.

_P. S._ A friend will trace the direction in ink.

TO THE PRESIDENT OF CONGRESS.

Amsterdam, May 30th, 1782.

Sir,

From the 6th of October, 1780, to November, 1781, I remained a close prisoner in the Tower of London, without hearing of any steps taken for my release, or for my support or consolation in that distressed state, either by Congress or by any of their servants.[73] In the latter month I learned that Mr Edmund Burke had, some very little time before, applied to Dr Franklin to effect an exchange between Lieutenant General Burgoyne and myself, that the Doctor had replied that he had in his possession a resolution of Congress for that purpose, a copy of which he then transmitted to Mr Burke; and about the same time, a letter from Dr Franklin to Mr Hodgson, or to Mr Vaughan, I forget which, was put into my hands in the Tower. In this letter, the Doctor expressed some satisfaction in having heard from “high authority,” that I was well satisfied with the treatment I had received in my imprisonment, (the contrary was notorious to the whole world) and he directed the pittance of one hundred pounds to be paid to me, if I should stand in need. To the first part I desired it might be answered, that the Doctor had been most egregiously misinformed, and imposed upon by the “high authority,” and that the second was to me, after thirteen months imprisonment, _like a drop of water from the very tip of Lazarus’ little finger_. But I heard no more from Dr Franklin on these subjects, or any other, while I was in confinement, nor till four months after my enlargement, and I have received no money from him at any time.

On the 20th of December last, being still a close prisoner, I penciled a few lines to Congress, informing them of the ill usage I had suffered in the Tower; that the proposed treaty for exchange had proved abortive, slightly intimating there had been a neglect of me somewhere, and entreating that the only efficacious measure might be adopted for my release. I penciled seven copies of this letter, passed the whole into the hands of a friend in London, and desired he would forward them to Holland, and France, in moiety, for distribution on board eight vessels bound to America. From this precaution, I trust one has gained the place of address.

Within a day or two after the British Ministry had determined against accepting Lieutenant General Burgoyne in exchange for me, an inquiry was made of me, from them as I believed, whether Doctor Franklin had power to exchange Lord Cornwallis for me, to which I could give no positive answer, and there the subject dropped. On the 31st of December, being, as I had long been, in an extreme ill state of health, unable to rise from my bed, I was carried out of the Tower to the presence of the Lord Chief Justice of England, and admitted to bail, “to appear at the Court of King’s Bench, on the first day of Easter term, and not to depart thence without leave of the Court.” This measure it seems had been preconcerted, and determined upon without my solicitation or knowledge, but I refused to enter into that, or any other obligation, until I had previously made the following declaration to Mr Chamberlain, Solicitor of the Treasury, (who had been sent by the Secretaries of State to notify me in the Tower of their intention to enlarge me upon bail) in the audience of several officers of the Court, the Governor and Deputy Governor of the Tower, and other persons who attended upon the occasion, at Sergeant’s Inn. “In order to prevent, or to save trouble, as I do not know the nature of the obligation to be required of me, I think it necessary to premise, that I will do no act that shall involve me in an acknowledgment of subjection to this realm, and that I save and reserve to myself all the rights and claims of a citizen of the united, free, and independent States of North America.”[74] This solemn second abjuration of the King, in one of his own Courts, was going as far as decency would permit, and I was at that moment in so very low and languishing a state, that I could express myself no further. None but God knows what I suffered, and I expected nothing less than to be remanded immediately to the Tower. The Solicitor concluded by saying, that some violence had been done to the laws for my relief.

About ten or twelve days before the first day of Easter term, being still in a very bad state of health, I obtained permission to leave England, in order to hold a conference with Mr Adams, having a warrant from under the hand of Lord Shelburne to leave England, and for putting off the day first assigned for my appearance at the Court of the King’s Bench. Mr Adams met me at Haerlem, (within twelve miles of Amsterdam) and, in a conversation of a very few minutes, confirmed me in opinions, which I had firmly and uniformly delivered to the British Ministry, that the United States of America would not enter upon any treaty with Great Britain, but in terms of the treaty of alliance between France and America. On the 23d of April I returned to London, and repeated the next day to Lord Shelburne, what I had formerly assured his Lordship on that head, in which his Lordship had supposed, or perhaps only hoped, that I had been mistaken for want of better information. I left his Lordship apparently disappointed and chagrined.

On the 25th, I peremptorily declared my intention to surrender myself to the Court of King’s Bench, the Court being then sitting, to discharge my bail, and submit my person to the will and disposition of the Court. This having been signified to Lord Shelburne, his Lordship sent to me by the hands of Mr Oswald, one of my bail, an ample discharge on the 27th. Reflecting that there had been frequent attempts, while I was in the Tower, to discharge me under a pardon, even privately, and to be effected by some contrivance without my own concurrence and knowledge, I questioned Mr Oswald before I would accept the discharge, whether it proceeded in any degree from a grant of pardon, to which he answered in the negative upon his honor. Lord Shelburne having, before I had been to visit Mr Adams, proposed to grant me a full and unconditional discharge, I had replied to his Lordship, that I dared not accept of it myself as a gift, that Congress would make a just and adequate return for my enlargement, that having once offered a British Lieutenant General in exchange for me, I was under no doubt they would give for my ransom an officer of the same rank. And I have reason to believe that after my refusal to accept the gift, his Lordship understood and expected that such a return would be made, although from the nature of my commitment, it was pretended he could not formally enter into a stipulation. Therefore, immediately after receiving the discharge on the 27th, I wrote to Dr Franklin, and solicited his concurrence for discharging Lieutenant General Lord Cornwallis. Hitherto I have not received the Doctor’s answer. Should he concur in my opinion, and join in the necessary act for that purpose, I trust we shall receive the approbation of Congress.

On the 10th instant I received from Doctor Franklin a formal notification of my appointment in the commission for treating with Great Britain, and also a copy of the said commission. I left London on the 11th, and arrived at Ostend on the 15th, from whence I informed Doctor Franklin, that I declined the honor of that office,[75] but that I should proceed to the Hague, and inquire of Mr Adams whether I could be serviceable in the business originally charged upon me by Congress, in which, if there was an opening, I would engage with diligence and fidelity. Upon my arrival at the Hague, I related to Mr Adams the purpose of my journey, adding, that I was ready to enter upon my duty, provided I was included in his commission, observing that my own had been destroyed at the time of my capture. Mr Adams at first intimated a hearty desire to accept the offer of my service, and said, “We will look into the commission.” At our second meeting, without speaking of the commission, he informed me that he had already taken the necessary measures in the business, by employing proper mercantile houses to borrow money on account of our United States. From the tenor of these answers it remains to me uncertain, whether I am included in the subsequent commission or not, but from his forbearing further to invite it, I conclude he thinks my attention is not requisite, and that it could only be productive of unnecessary expense to the public, which I neither wish nor would encourage. I shall, therefore, after having paid an indispensable debt of friendship and humanity, by visiting my distressed relations in the South of France, from whom I have been separated upwards of seventeen years, and after having recovered by a change of climate and respite from fatigue a better state of health, return to America, and present, if required, a much more minute account of my conduct, to Congress. And I flatter myself with hopes of convincing them, that notwithstanding the rigorous close confinement which I suffered in the tower, I made many opportunities even there, of rendering essential service to the interests of my country, without permitting my ardor to be in the least degree checked by considerations of neglect.

Permit me humbly to say it was I, though in close confinement, who first urged the propriety and utility of passing an act of Parliament for exchanging American prisoners. After my enlargement I further urged that business to its completion, visited those prisoners at a considerable expense to myself, administered to some of them relief from my own impoverished pocket, and obtained much greater for them from other persons. I first proposed to Lord Shelburne, and obtained his Lordship’s promise to send those prisoners in cartel ships to America, and I had the good fortune to prevail on his Lordship to surmount the difficulty of doing this without the formality of pardons. I had declared that not the meanest of all the American prisoners at Portsmouth or Plymouth should accept pardon, and in my zeal for the honor of my country I presumed to add, “If they are discharged under that condition, not a British prisoner in America shall be enlarged without a pardon.” I delivered my sentiments freely on the bill, which had been so very long in agitation for empowering the King to make a truce or peace with America, and declared it would not only prove inadequate, but offensive. The bill was frequently brought to me by members of Parliament, to receive hints for amendment. The only amendment, which I could propose, was annihilation, and I left it under various scratches and scars, in a languishing condition. My advice was, “If you mean to do the business of peace, it is vain to continue nibbling; do it fully and gracefully by an act to authorise the King to recognise or to acknowledge the independence of America; the fears which you affect to labor under, that America will become dependent upon any other power, will thereby be effectually removed.” I was told, a new bill, which would be tantamount to my ideas, would be introduced into Parliament; but since I left England, intimations to me from private friends speak of their continuing to hack at the old. I think, however, the temper of the present House of Commons will not give it passage without very great reform. This will probably be known before my letter enters upon its voyage.[76]

I shall conclude this head with the words of a friend, received since my arrival on this side of the water. “_They_ (meaning the British ministry) _think your absence good company_”. I believe this may be applicable to that part of the Ministry, who still hear with reluctance the doctrine of the total independence of America; a doctrine which I asserted in the Tower of London, and out of it, and always in the presence of their Lordships, as freely and as strenuously as ever I had done in Philadelphia, and to which I am assured I have made many converts amongst people of the first importance in England, and perhaps it would be no exaggeration instead of many, to say thousands. Even Lord Shelburne, in the last conversation I had the honor of holding with his Lordship, discovered his determination, if not to be reconciled, to submit to it. “I shall part with America, Mr Laurens, with great regret, because I think a total separation will not be for her good.” As far as I am able to judge, the people of England, and I have lately been very much among them, are sincerely disposed to peace with America, and to accede to her absolute independence; and I have some grounds for hoping, that the day is not far distant when those, who have it more immediately in their power to breathe peace or war, will perceive it to be for the interest of their country to enter heartily into the same disposition. The terms and conditions they know, and they now know the terms and conditions must be complied with.

Mr Moses Young, whom I had engaged at my first appointment by Congress to attend me as a Secretary and assistant, has made a claim for five hundred and sixtyseven pounds, fourteen shillings and two pence, sterling, as due to him for salary to the 15th of February, 1782, when he entered the public service under Dr Franklin. I shall recommend the payment of the said sum to the Doctor. Mr Young’s loss of time, loss of effects, and suffering in imprisonment, as well as his zeal and attachment in the cause of America, will be considered by Congress, and I hope, when he shall make a proper representation of his case, a further sum will be granted to him. While I remain in Europe, the honor and interests of the United States shall be always in my view, and though in a private character, I do not despair of being serviceable to my country.

I have the honor to be, &c.

HENRY LAURENS.

_P. S. May 31st._ The success of the British fleet in the West Indies may, and probably will, inflate the heart of his Britannic Majesty, and turn it from an immediate disposition to peace.

[73] The following letter merits insertion in this place. It was written to Count de Vergennes by the Marchioness de Lafayette, wife of the Marquis de Lafayette, immediately after she heard the news of the capture of Mr Laurens. It is translated from the original, which I found among the American papers in the Archives of Foreign Affairs in Paris. It should be premised, that, after the Marquis de Lafayette was wounded at the battle of Brandywine, Mr Laurens, then at Philadelphia, took him in his carriage to Bethlehem, and provided for him a safe and comfortable retreat, where he remained till his wound was healed. This letter to the Count de Vergennes, is equally a proof of the gratitude and tenderness of its fair author.

“Paris, October 18th, 1780.