Chapter V: Front Matter (5)

_November 6._ “As to the reinforcement of troops, which Great Britain will receive from the other powers of Europe for the approaching campaign, I can assure you, Sir, that your nation has nothing to fear either from Russia or Denmark, and that even Germany will furnish only a few hundred men, whom the Duke of Brunswick, the Landgrave of Hesse, and the Margrave of Anspach, in conformity with their treaties, are obliged to send annually to recruit the troops, whom these princes maintain in America in the pay of England. It is with sincere satisfaction that I give you this consoling intelligence.”

Our friends in Spain had been prevailed upon to renew the order for sending you supplies, but before anything was done, a suspension of it was occasioned by an American privateer making prize of a French ship coming from England with Spanish property on board. Proper measures have been taken to explain this proceeding, so as to appease the complaints it excited; and I have reason to hope, that we shall soon see the former good will towards us restored, with further proofs of its sincerity.

I have mentioned the little probability our enemies have of obtaining troops for another campaign. Nor will their difficulties be less in raising supplies. Their credit falls so fast in Europe, that unless the most brilliant and effectual success of this campaign should retrieve it by rendering the conquest of America probable, they cannot sustain another. _Stat magni nominis umbra_ may almost now be said of Great Britain; and the decisive weight, a weight derived from her connexion with America in the balance of Europe which she has long held, will assuredly fail with the failure of this year’s expectations.

It is with pleasure I inform you that the conduct of your Generals, and the bravery of your troops and seamen, have entirely effaced through Europe the unfavorable impressions made at first by the scandalous reports of our enemies. At the same time, there is a great desire to have authentic accounts from us, which unhappily we are not able to gratify, having received no despatches since the retreat of the British army from the Jerseys. I have imputed it to the chances of the sea and of war, and to the arduous attention of Congress to the arrangement and defence of a young government, pressed on all sides by a powerful enemy. The king of Prussia is particularly anxious on this subject, as you will judge by the following extract from his Minister’s letter.

“The king has been surprised to learn by the letter, which you have done me the honor to write to me, that you have received no news from America, since the public papers are filled with different kinds of intelligence, especially respecting the entrance of General Howe into the Chesapeake Bay, and the check given to Burgoyne by General Arnold. As I am persuaded the king would take pleasure in the confirmation of this last intelligence, on account of the interest his Majesty takes in the events which are advantageous to your cause, I shall be greatly obliged to you if you will communicate to me the authentic details on this subject, as soon as they come to your hands, for it is extremely difficult to tell what degree of confidence is to be placed in relations, the greater part of which is dressed up and published by the spirit of party.”

I enclose you the king of Great Britain’s speech to his Parliament, with remarks on it by one who was present. My private letters say the Ministry are exceedingly dispirited. The following is a picture of the public, drawn by an able hand and in a high station. “This poor country is fallen into a state of lethargy, from which all efforts to rouse her are ineffectual. The single loss of Minorca drove the people of England almost to madness; now thirteen provinces dismembered from the British empire, scarcely excite a murmur except among the few who dare to love their country, even at this disgraceful period. The Parliamentary campaign will soon open, but nothing is to be expected. Corruption, like a Scotch mist, has spread over and pervades every thing.” It is certain that France and Spain are arming with uncommon diligence and to a great extent. The States of Holland have ordered ten men of war as a convoy for their West India trade, and will not permit any interruption of it by our enemies.

Yet with these circumstances to oppose it, the impracticability of obtaining any adequate number of troops, the lowness of their credit, the probability of an European war, the carrying on of their commerce by the ships of their rivals, the impossibility of success, and I may add with certainty their own conviction of it, I am clear in my opinion that they will attempt another campaign, and that every man and every shilling they can procure will be devoted to the desolation of our country.

The privateer, which gave so much offence by taking a French ship, _La Fortune_, with Spanish property on board, is called the _Civil Usage_. Since that the Portsmouth privateer from Portsmouth, Captain Hart, has taken an English merchantman in the mouth of the Garonne. These captures have given great offence to the two Courts; to remove which we have promised to warn all American captains to desist from such conduct, till the pleasure of Congress is known. The following is a copy of the letter I have sent to the different ports of Spain for that purpose.

_To all Captains or Commanders of Ships of War, armed Vessels and
Privateers from the United States of North America._

Gentlemen,

Complaint having been made of violence
done by American armed vessels to
neutral nations, by seizing ships
belonging to their subjects and under
their colors, and in making captures
of those of the enemy, when under the
protection of neutral coasts, contrary
to the usage and custom of nations;
this is therefore to warn and request
you not to commit any such violation of
the law of nations, but (according to
the powers given in your commission)
to confine yourselves to the capture
of the enemy’s vessels, when not
within sight of a neutral coast, and
of all others whatsoever that shall be
carrying soldiers, arms, ammunition,
provisions, or other contraband goods,
to any of the British armies or ships,
employed against the United States. And
that in other cases you will treat all
neutral ships with the utmost kindness
and friendship, for the honor, of your
Country and of yourselves.[21]

There remains nothing for me to add at present, but to assure you, that I have neglected no opportunity of writing to you, and giving a full account of my proceedings in Spain and Prussia.

I have the honor to be, &c.

ARTHUR LEE.

_P. S. November 30th._ I have written to Spain for ten thousand blankets to be sent to you immediately, which order, as I have also remitted the money, will I hope be executed.

[21] This letter was agreed upon by the Commissioners, and sent by them conjointly as a circular “To the Captains or Commanders of all ships of war, armed vessels, and privateers from the United States of North America.”

BARON DE SCHULENBURG TO ARTHUR LEE.

Translation.

Berlin, November 28th, 1777.

Sir,

As to the commission of Mr William Lee, the King having repeatedly declared his sentiments respecting the actual difficulties attending a commercial connexion with America, notwithstanding his constant good disposition towards the Colonies, cannot possibly conjecture, as circumstances have not changed, what proposition Mr Lee can make more acceptable to his Majesty, nor consequently what can be the object of his mission.

I have the honor to be, &c.

BARON DE SCHULENBURG.

TO DR BERKENHOUT.[22]

Paris, December 3d, 1777.

Sir,

My last might serve as an answer to yours. We have powers to receive, but not to make overtures. _Voilà la difference._ We have as much dignity, and I hope more reason on our side. If they, therefore, stay for overtures from us, I promise you they will not receive them, till their faith can move our mountains. I hoped something from this negotiation, and therefore more willingly lent myself to it; but I now see too well their abundant pride and folly, to think the public will derive any advantage from it. They are determined to make us a great people, by continuing a contest which forces us to frugality, industry, and economy, and calls forth resources, which, without such necessity, would never have been cultivated. I have long thought, that if they intended us the benefits their conduct will bring us, we should owe them statues of gold. As you love me, do not fail endeavoring to learn to whom I am indebted for reporting the difference between Dr Franklin and me, which you mention. It concerns me infinitely to know it. Adieu.

ARTHUR LEE.

[22] Dr Berkenhout had been formerly a friend of Arthur Lee in London, and was employed by the government as a secret agent to endeavor to obtain from the Commissioners in Paris the terms of an accommodation with England.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, December 8th, 1777.

Gentlemen,

Since my last to you, I have seen your despatches of the 6th of October. The answer relative to the Havanna will be obtained as soon as possible; but I think such a connexion will in a short time take place between the two countries, as will put that matter out of all doubt.

I received yesterday a letter from the Messrs Gardoqui at Bilboa, containing the following passage.

“Our worthy friend, Elbridge Gerry, thinking that the goods shipped per Captain Hodges to his address were on his account, he wrote us that he would place the amount thereof to our credit; but as we have answered him, that this remittance, as well as the rest that followed through the same channel, were on account of Congress, and of consequence out of our power, as he will have seen by the sundry letters written to him since, we doubt not that he will of consequence conform thereto, and we assure you, that in future all possible means will be used to prevent mistakes of this kind.”

By a letter from Holland we are assured, that the king of Prussia has announced to the States his having refused a passage through his territories to German troops hired by Great Britain. The West India fleet from Amsterdam, &c. is to be convoyed by six men of war. I cannot be more explicit than to assure you, that the prospect of our enemies is as gloomy here as with you, and that I am not mistaken in what I formerly wrote you, that the confirming our independence would be matter of serious consideration among the powers of Europe this winter.

I have remitted Mons. Gardoqui money for ten thousand blankets, which he promises to send with all possible expedition.

I have the honor to be, &c.

ARTHUR LEE.

THE COMMISSIONERS IN PARIS TO COUNT DE VERGENNES.

Paris, December 8th, 1777.

Sir,

The Commissioners from the Congress of the United States of North America, beg leave to represent to your Excellency, that it is near a year since they had the honor of putting into your hands the propositions of Congress for a treaty of amity and commerce with this kingdom, to which, with sundry other memorials, requesting the aid of ships of war and offering engagements to unite the forces of the said States with those of France and Spain, in acting against the dominions of Great Britain, and to make no peace but in conjunction with those Courts, if Great Britain should declare war against them; to all which they have received no determinate answer; and apprehending that a continuance of this state of uncertainty with regard to those propositions, together with the reports that must soon be spread in America of rigorous treatment met with in the ports of these kingdoms, may give advantage to our enemy in making ill impressions on the minds of our people, who, from the secrecy enjoined on us, cannot be informed of the friendly and essential aids that have been so generously, but privately afforded us; the Commissioners conceive, that, the present circumstances considered, the completing of such a treaty at this time must have the most happy effect, in raising the credit of the United States abroad, and strengthening their resolution at home, as well as discouraging and diminishing their internal enemies and confirming their friends who might otherwise waver. And the Commissioners are further of opinion, that the aid of ships desired might at this juncture be employed with great advantage to America, which when honored with a conference they can more particularly explain. They therefore request your Excellency most earnestly to resume the consideration of those affairs, and appoint them some speedy day of audience thereupon.

They pray also, that their grateful acknowledgments may be presented to the king, for the additional aid of three millions, which he has been graciously pleased to promise them; and that his Majesty may be assured whatever engagements they may enter into in behalf of the United States, in pursuance of the full powers they are vested with, will be executed with the most punctual good faith by the Congress, who, believing their interest to be the same, and that a sure increase of the commerce, wealth, and strength of France and Spain will be one consequence of their success in this contest, wish for nothing so much, after establishing their own liberty, as a firm and everlasting union with those nations.

B. FRANKLIN,
SILAS DEANE,
ARTHUR LEE.

TO COUNT D’ARANDA.

Paris, December 9th, 1777.

Sir,

I have the honor of enclosing to your Excellency a copy of a Memorial presented to his Excellency Count de Vergennes, by the Commissioners of Congress for this Court. The knowledge I have of the great veneration entertained by the United States for the king of Spain, and affection for the people, enables me to assure your Excellency, that nothing will give them greater joy than the happy conclusion of a firm and lasting treaty of amity and commerce between the two nations.

Permit me therefore to hope, that your Excellency will co-operate with the favorable disposition of this Court, in bringing the treaty formerly proposed to a speedy conclusion.

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

ARTHUR LEE.

TO BARON DE SCHULENBURG.

Paris, December 11th, 1777.

Sir,

I have the honor of enclosing to your Excellency a detail of the operations in the North, in addition to what I sent on the 4th. Since that time, I have been honored with yours of the 28th of November.

I have apprized my brother, the Commissioner, of his Majesty’s pleasure. He desires me to say, that whenever the king thinks his coming to Berlin will be of any utility he hopes your Excellency will inform him of it. Till that time arrives, he would not wish to give trouble, or excite suspicions by coming, even in a private character. We have heard reports of his Majesty’s gracious interposition, relative to the march of troops hired against us, which I hope are well founded.

I have the honor to be, &c.

ARTHUR LEE.

THE COMMISSIONERS IN PARIS TO LORD NORTH.

Passy, December 12th, 1777.

My Lord,

From motives of duty and an earnest desire of mitigating the calamities of war, we proposed near a year since, to the king of Great Britain’s Ambassador here, an exchange of prisoners in Europe. The answer we received must have been made known to your Lordship, and the world will judge of its decency. It would have been honorable for that noble lord, and happy for thousands who have since suffered unnecessarily, if he had considered that moderation is a mark of wisdom, and humanity an ornament to the highest station. These are the sentiments at least, which have governed the Congress and people of the United States. They have wished that this war, into which they entered with reluctance, might be distinguished by the humanity with which it was conducted; and that compassion might heal the wounds that were inflicted. The records of Congress, my lord, are filled with proofs of tender care and attention, not only to the wants, but to the comforts and accommodation of their prisoners.

We have wished in vain to find such instances in the acts of the British government, for unhappily all we have seen on this subject, is the public declaration of the governor and general, who was chosen to commence this war, that the American officer and soldier should be treated with equal indignity, and all devoted without distinction to the most ignominious fate, in terms too low for us to repeat. We have never heard of this proceeding having been censured by the government from which he derived his authority. Neither has the invitation to the Indian savages, at a public treaty, to drink the blood and feast upon the bodies of those, whom you called your subjects, been ever disavowed.

It is a universal complaint, that the practices of those in authority under you have been conformable to the principles of those public acts. Colonel Parker, a gentleman of rank, was thrown into a common jail in Boston, covered over with wounds, where he perished unpitied for want of the common comforts, which his situation and humanity required. Colonel Ethan Allen was dragged in chains from Canada to England, from England to Ireland, and from Ireland to Carolina, and from thence to New York, at a time when the officers taken from you in the same expedition were treated not only with lenity but with every possible indulgence. The barbarous treatment of Mr Lovell in Boston has no parallel. Of the prisoners made in Fort Washington, two thirds of them perished by the unexampled cruelty and rigors of their captivity. Even in England, the severities which the American prisoners suffer are, according to the testimony of every one we have seen, of the most grievous kind. Stripes have been inflicted on some to make them commit the deepest of all crimes, that of fighting against the liberties of their country. And numbers are now groaning in bondage in Africa and India, to which they are compelled by menaces of an immediate and ignominious death, as contrary to every rule of war among civilized nations, as to every dictate of humanity.

It is with the greatest regret we mention these cruelties. For the honor of humanity, we hope they will not be committed again. Your Lordship must know, that it is in the power of those we have the honor to represent, to make ample retaliation upon the numerous prisoners of all ranks in their possession; and we warn and beseech you not to render it their indispensable duty. Upwards of five hundred British seamen have been generously treated, set at liberty by our cruisers in those seas, and sent at the public expense to their country. We trust you will think yourselves bound to dismiss an equal number of seamen, taken in the service of the United States.

We also desire, that a person appointed by us may have permission to furnish the citizens of the United States, who are in your prisons, with the necessaries they may want from time to time; and that a general cartel may be immediately settled, by which the unfortunate on both sides may be relieved as soon as possible from the miseries of imprisonment.

We must beg a speedy answer, that we may transmit Without delay the determination of your Court to our constituents.

We have the honor to be, with the highest respect, my Lord, your Lordship’s obedient servants,

B. FRANKLIN,
SILAS DEANE,
ARTHUR LEE.

TO LORD SHELBURNE.

Paris, December 14th, 1777.

My Lord,

I have the honor of enclosing to you a copy of a letter, transmitted at the same time to the First Lord of the Treasury. The honor of the nation, and the rights of humanity, are too much interested in the object of it, not to receive your Lordship’s advocation.

The enclosed papers contain the principal transactions between the northern armies. The burning of defenceless towns, and of every thing before him, as General Clinton has done, will probably draw upon him and his government the vengeance which such enormities deserve, in spite of all the efforts of Congress to prevent any hasty retaliation. The South Carolina Gazette mentions the arrival of an American captain, who had been taken by Captain Jarvis, and who mentions with the highest praise the generous and humane treatment he received from that officer. We have had from other prisoners accounts equally to his honor, which I am sure will give your Lordship pleasure. Captain Jarvis may be assured, that such conduct will command from us the praise and esteem, which are always due to a generous enemy.

The necessity, which has made us enemies for a time, and separated us forever from the same government, has not altered the esteem I felt for the good and wise in England. Among those, I hope your Lordship and your friends will accept an assurance of my respect and friendship. I condole most sincerely with the family at Combwood for the misfortune at New York.

I have the honor to be, with the greatest respect and esteem, your Lordship’s humble servant and friend,

ARTHUR LEE.

BARON DE SCHULENBURG TO ARTHUR LEE.

Translation.

Berlin, December 18th, 1777.

Sir,

A few days after the departure of my last of the 13th inst. in which I requested you to give me authentic intelligence concerning the progress of General Howe, of which the English Ambassador had received an account, I learned by the letter you did me the honor to write on the 4th of this month, that these advantages, far from being so considerable as they were thought to be, are more than balanced by the surrender of General Burgoyne, and by the liberty which the troops under Arnold will have of acting where they shall be most wanting, which may very much harass General Howe.

I am much pleased, Sir, with these favorable events, and as from the situation in which affairs were when your despatches were sent, other events of consequence are to be expected before the end of the campaign, or even during the winter, I hope you will continue to communicate, without delay, all the authentic advices you may receive.

The King, who always graciously receives the news you send me, and expresses his satisfaction when it is in your favor, has seen the passage of your brother’s letter, and I can assure you, Sir, that his Majesty will not be the last power to acknowledge your independency; but you must feel yourself, that it is not natural that he should be the first, and that France, whose commercial and political interests are more immediately, connected with yours, should set the example.

I have the honor to be, with distinguished consideration, Sir, your very humble servant,

BARON DE SCHULENBURG.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, December 19th, 1777.

Gentlemen,

Our joint despatches will inform you of the forwardness in which things are here towards the desired conclusion. In three weeks we shall hear from Spain, and all will I hope be settled. The late intelligence from America has staggered and confounded our enemies, as much as it has elated and decided our friends. Should they at length resolve to continue in rage and despair what they commenced in wickedness and folly, and venture upon a general war, by which they must be overwhelmed, their principal efforts will be pointed against us, unless your being in a respectable state of preparation should deter them. In that case they will probably confine themselves to a piratical coasting war, and preying upon our commerce. I have directed all the naval stores that are collected at Bilboa to be shipped forthwith, the moment the Court of Spain agrees to furnish the money. To accelerate this material supply, I proposed to my colleagues to remit the money from our funds here, but they did not think it advisable.

Should Congress want any person to serve them in a public character in Europe, I am authorised to say, that Edmund Jennings, now in London, will obey their commands. His abilities, attachment, and respectable character are well known. It has also fallen very particularly within my knowledge, that Mr Thomas Digges, of Maryland, has exerted himself with great assiduity and address, in gaining intelligence and doing other services in England.

ARTHUR LEE.

BARON DE SCHULENBURG TO ARTHUR LEE.

Translation.

Berlin, December 23d, 1777.

Sir,

I received the letter, which you did me the honor to write to me the 11th of this month, and I give you many thanks for the detail of operations in the north of America, which you were so kind as to add. I will not fail to acquaint Mr William Lee, as soon as the king shall judge that his arrival at Berlin can be of mutual utility, and I assure you, Sir, that the information which you have had, that his Majesty has refused a passage to the auxiliary troops of Germany destined for America, is strictly true.

I have the honor to be, &c.

BARON DE SCHULENBURG.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, January 5th, 1778.

Gentlemen,

My despatches by Captain Young, and since by Mr Deane, Jr, will have informed you of whatever has happened worthy of your attention in the departments of Spain and Prussia. The latter is now resigned to the care of the Commissioner appointed to it, who will inform Congress (as he is instructed) of the assurance from Baron de Schulenburg, Secretary of State to the king of Prussia, that his master will not be the last to acknowledge your independency. This may show you the favorable disposition of that monarch, who I believe waits only for the example of this Court. That example, I trust, will not be long delayed.

I have received a complaint from St Sebastian, of the imprisonment of the sailors who carried in a prize made by an American privateer, and the seizure of the prize. This passed previous to the news of Burgoyne’s surrender, and General Washington’s having given battle to the British army. As this news has made a strong sensation in our favor, I am in hopes the representations I have made will not only relieve them, but prevent any violence of this kind in future.

It would seem, that the Court of Spain will not enter into any negotiation, till we have concluded the business here. But I shall hold myself ready to execute that duty, in obedience to the commands of Congress, the moment it is permitted. I expect every day to hear, that the blankets and stockings ordered from Bilboa are shipped.

I have this moment received the letter, of which I enclose an extract.[23] It proves the sincerity of those professions I had the honor of receiving from his Prussian Majesty, and as he is in great esteem with the Empress of Russia, I think we may be satisfied that he will use all his influence to prevent our enemies from succeeding in their solicitations with her.

There appears no reason to alter my opinion of the obstinacy with which our enemies are determined to pursue the war. Their ill success has produced a disinclination in the public to persevere, which gives them some alarm. I have secret and sure information, that in order to overcome this reluctance, by the hope of a speedy end to the war, they mean very soon to lay before Parliament a plan of accommodation. Under the delusion of this hope, they expect to pass easily over the inquiry into the state of the nation, and to have its force continued another year under their direction.

Mr Stevenson, who will have the honor of delivering you this, was a merchant in Bristol, whom I have long known to be zealously attached to the cause of his country.

The British Court are greatly alarmed about Canada, for the defence of which, they are informed eight thousand men at least are necessary. I hardly think it will be possible for them to procure anything like that number. The refusal of a passage by the king of Prussia will embarrass and impede their German supplies as stipulated; and I have good intelligence that it was done with the approbation of the Emperor, and that he will use his influence to prevent any future supplies.

I beg the favor of having my duty and respects recommended to Congress, and have the honor to be, &c.

ARTHUR LEE.

[23] From Baron de Schulenburg.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, January 15th, 1778.

Gentlemen,

I have the pleasure to inform you, that our friends in Spain have promised to supply us with three millions of livres in the course of this year. I should be happy that immediate and precise orders were sent from Congress for the appropriation of it; which will prevent it from being expended in a manner, perhaps, less useful than the purposes they may wish to fulfil.

My last advices from Bilboa assure me, that they are shipping the blankets and stockings I ordered. The enemy are raising men in England and Scotland with great industry; but their best stock (the 3 per cent consols) has fallen 7 per cent.

I have the honor to be, &c.

ARTHUR LEE.

BARON DE SCHULENBURG TO ARTHUR LEE.

Translation.

Berlin, January 16th, 1778.

Sir,

In answer to the letter, which you did me the honor to write me the 28th of December last, I begin with remarking, that before this last, I have received two letters from you, viz. of the 4th and 11th of the same month; but as you say that you have written twice to me since the 4th of December, this expression may leave some doubt, whether the letter of the 4th is comprehended in these two or not; in the latter case, one of your letters must be lost. With respect to myself, Sir, since my letter of the 13th of December, the receipt of which you acknowledge, I have sent you two answers, dated the 18th and 23d of the same month, which, as I hope, have reached you. I address this, as you desire, to the care of Mr Grand, banker, Rue Montmartre, and to be certain in future, that none of our letters miscarry, I propose to you, Sir, to number yours as I shall do mine, beginning with the present.

Your reflections concerning the present state of American affairs are very just, and we can perceive that General Howe’s situation must be very difficult and embarrassing. Time must discover how he will extricate himself, and whether he will choose and maintain his quarters with more prudence and good fortune than he did last year.

As the events of this war become daily more interesting, I must again request, Sir, that you will be kind enough to communicate to me regularly the advices you may receive. The king interests himself very much in them, and his Majesty wishes that your generous efforts may be crowned with success; and as I have already advised you, in my letter of the 18th of December, he will not hesitate to acknowledge your independence whenever France, which is more interested in the event of this contest, shall set the example. His Majesty would not, moreover, make the least difficulty in receiving your vessels into his ports, were it not that he has not a fleet to resent the affronts, which might be shown there to your ships; the port of Emden, however fine and secure it is, has not even a fort to defend it. He will not, therefore, expose himself to the disagreeable consequences.

As to the muskets and other arms of our manufacturing, you shall be at liberty, Sir, to purchase or to command them; and the Bankers, Spittgerber, contractors for the manufacture of arms, have received orders to deliver such as you may demand. I enclose you a memorandum of their prices, which are the same as the king pays, and I add, that the muskets for the infantry can be delivered at a lower price, if you will be content with the solidity of the work, without being so exact as to their similarity, as the king requires.

I have the honor to be, &c.

BARON DE SCHULENBURG.

TO MESSRS FRANKLIN AND DEANE.

Challiot, January 30th, 1778.

Gentlemen,

More mature consideration, and fuller lights upon the subject have satisfied me, that I was wrong in receding from my opinion against the admissibility of the 12th article in the proposed commercial treaty. I should, therefore, think myself neglectful of the duty I owe the public, if I did not endeavor yet to prevent that measure before our signature has rendered it irrecoverable. And certainly nothing short of totally preventing the treaty from being concluded will prevail upon me to sign it, if that article is to stand.

What has thus confirmed me in my former sentiments is this. At the conclusion of M. Gerard’s observations upon what we proposed, he said they had no design to lay any duties upon their molasses, nor was it compatible with their policy. Dr Franklin informed me yesterday, that a substitute had been found in America for molasses, procurable from a substance which is the growth of the country, and of infinite plenty. A prohibition on the export of their molasses will effect every purpose, which we are providing against by restraining the imposition of duties.

From these considerations it seems clear to me, that molasses are not such an important object as was stated; that the demand is more likely to diminish than increase; that there is no sound reason for apprehending that without any restraint, duties will be imposed upon that article; that if there were the strongest reasons for that apprehension, the sacrifice proposed does not secure us from the evil it is intended to prevent.

If these arguments are not utterly fallacious, we are by the article proposed really tying both our hands with the expectation of binding one of their fingers. The principle, too, is, and the effect of this measure must be, the encouragement of commerce at the expense of agriculture, which, whatever temporary advantages it may give, will be permanently pernicious to the peace and real welfare of our country.

Nor is it an argument of little weight with me, that we are binding our constituents forever in a point on which they have not had an opportunity of giving their instructions, concerning which, how far it is within the limits of our power and our discretion, I am extremely doubtful. I would therefore propose to you, Gentlemen, that, upon the ground of the article not having been in the plan given for our guidance, and of doubts, which have arisen among ourselves about the approbation it might meet with, if it should be unrejected by the Court here, that we should propose that both the articles be left open to be rejected or admitted by Congress, without affecting their ratification of the rest of the treaty. This exception will, it seems to me, refer the decision to that arbitration, which ought to determine it, and free us from any possible imputation of having acted wrong or exceeded our powers.

I am willing, that whatever charge of levity may arise from this resuming the negotiation may be wholly visited on me. Though, indeed, as I think we are treating with gentlemen of sense and candor, I am under no apprehension, that they will view in any such light an anxiety to act with the utmost circumspection in a business of great moment and doubtful effect.

As this is a matter that admits of no delay, I must beg, Gentlemen, an immediate consideration of what I propose; and that you will do me the favor of apprizing me of your determination as soon as you have made it.[24]

I have the honor to be, &c.

ARTHUR LEE.

[24] A particular account of the 11th and 12th articles of the treaty, and the manner in which they were proposed and adopted, will be found above, in Silas Deane’s Correspondence, Vol. i. p. 155.

MESSRS FRANKLIN AND DEANE TO ARTHUR LEE.

Passy, February 1st, 1778.

Sir,

We have maturely considered your letter of the 30th past, and though we cannot see the mischievous consequences of the 12th article which you apprehend, yet, conceiving that unanimity on this occasion is of importance, we have written to M. Gerard this morning, that we concur in desiring that article and the preceding to be omitted, agreeable to his first proposal.

We have the honor to be, &c.

B. FRANKLIN,
SILAS DEANE.

MESSRS FRANKLIN AND DEANE TO M. GERARD.

Passy, February 1st, 1778.

Sir,

Mr Lee having signified to us, that on further consideration he has changed his sentiments relating to the 12th article, and that he cannot join in signing the treaty if that article remains in, and as unanimity on this occasion is of some importance, and the articles 11th and 12th seem not perfectly consonant with the declared spirit of the treaty, which is to leave each party free in its regulations of commerce, we concur in requesting (if it can be done without occasioning delay) that these two articles be omitted, agreeable to your own first proposition.

We have the honor to be, &c.

B. FRANKLIN,
SILAS DEANE.