Chapter D: Hartley (1)

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_Observations by Mr Hartley._

Lord North consented to Mr Hartley's proposition, for endeavoring to procure from the American Plenipotentiary or Plenipotentiaries some opening, that they would be willing to commence a parley, on propositions of peace between Great Britain and America; and supposed the terms, which Mr Hartley had in view, would be something like a tacit cession of independence to America, with a truce for a certain term of years, to serve as a basis for a general treaty of accommodation and final settlement.

This last application (which was made on the 20th of April, 1779) of Mr Hartley to Lord North, after several previous conferences on the subject, is the ground of the present confidential communication with Dr Franklin, on the part of Mr Hartley, who states to Dr Franklin, as he did to Lord North, that an auspicious beginning of a negotiation is _dimidium facti_.

Mr Hartley's ideas of the probable course of the negotiation would be to the following effect;

1. Five Commissioners (or any three of them) to be appointed on the part of His Britannic Majesty to treat, consult, and agree upon the final settlement and pacification of the present troubles, upon safe, honorable, and permanent terms, subject to ratification by Parliament.

2. That any one of the aforesaid Commissioners may be empowered to agree, as a preliminary, to a suspension of hostilities by sea and land, for a certain term of five or seven years.

3. That any one of the aforesaid Commissioners be empowered to agree, as a second preliminary, to suspend the operation and effect of any and all acts of Parliament respecting America, for a certain term of five or seven years.

4. That it is expected, as a third preliminary, that America should be released, free and unengaged, from any treaties with foreign powers, which may tend to embarrass or defeat the present proposed negotiation.

5. That a general treaty for negotiation shall be set on foot as soon as may be, after the agreement of the foregoing preliminaries.

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_N. B._ A doubt seeming to arise from Lord North, relative to the probability of any explanatory communication on the part of Dr Franklin, Mr Hartley expressed, he thought it possible, that as a known friend to peace, he might be considered by Dr Franklin as a depot of any communications, which may serve from time to time to facilitate the terms of peace; which therefore prevents this communication from being considered as any direct overture from Lord North to Dr Franklin, or from Dr Franklin to Lord North; but as it is merely a mediatorial proposition of Mr Hartley, as a private person, for the purpose of bringing the parties to a parley.

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INSTRUCTIONS

_To John Paul Jones, Commander of the
American Squadron in the Service of the United States, now in the
Port of L'Orient._

1st. His Majesty, having been pleased to grant some troops for a particular expedition, proposed to annoy our common enemy, in which the sea-force under your command might have an opportunity of distinguishing itself, you are to receive on board the ships of war, and the other vessels destined for that purpose, the troops that shall present themselves to you, afford them such accommodation as may be most proper for preserving their health, and convey them to such port or place as their commander shall desire to land them at.

2dly. When the troops are landed, you are to aid, by all means in your power, their operations, as they will be instructed in like manner to aid and support those you may make with your ships, that so by this concurrence and union of your different forces, all that such a compounded strength is capable of may be effected.

3dly. You are during the expedition never to depart from the troops, so as not to be able to protect them in case of a repulse, and in all events you are to endeavor to effect their complete re-embarkation on board the ships and transports under your command, when the expedition shall be ended.

4thly. You are to bring to France all the English seamen you may happen to take prisoners, in order to complete the good work you have already made such progress in, of delivering by an exchange the rest of our countrymen now languishing in the gaols of Great Britain.

5thly. As many of your officers and people have lately escaped from English prisons, either in Europe or America, you are to be particularly attentive to their conduct towards the prisoners, which the fortune of war may throw into your hands, lest resentment of the more than barbarous usage by the English in many places towards the Americans should occasion a retaliation, and an imitation of what ought rather to be detested and avoided, for the sake of humanity and for the honor of our country.

6thly. In the same view, although the English have burnt wantonly many defenceless towns in America, you are not to follow this example, unless where a reasonable ransom is refused, in which case your own generous feelings, as well as this instruction, will induce you to give timely notice of your intention, that sick and ancient persons, women, and children may be first removed.

Done at Passy, this 28th day of April, 1779.

B. FRANKLIN,

_Minister Plenipotentiary from the United_
_States to the Court of France_.

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TO DAVID HARTLEY.

Passy, May 4th, 1779.

Dear Sir,

I received your several favors, viz. one of April the 10th, one of the 20th, and two of the 22d, all on the same day, but by different conveyances.

I need not repeat, what we have each of us so often repeated, the wish for peace. I will begin, by frankly assuring you, that though I think a direct, immediate peace, the best mode of present accommodation for Britain, as well as for America, yet if that _is not_ at this time practicable, and a truce is practicable, I should not be against a truce; but this is merely on motives of _general humanity_, to obviate the evils men devilishly inflict on men in time of war, and to lessen as much as possible the similarity of earth and hell. For with regard to particular advantages, respecting the States I am connected with, I am persuaded it is theirs to continue the war, till England shall be reduced to that perfect impotence of mischief, which alone can prevail with her to let other nations enjoy, "_Peace, Liberty, and Safety_." I think, however, that a _short_ truce, which must, therefore, be an _armed_ truce, and put all parties to an almost equal expense with a continued war, is by no means desirable.

But this proposition of a truce, if made at all, should be made to France at the same time it is made to America. They have each of them too much honor, as well as too much sense, to listen separately to any propositions, which tend to separate them from each other.

I will now give you my thoughts on your ideas of a negotiation, in the order you have placed them. If you will number them in your copy, you will readily see to which my observations refer, and I may therefore be more concise.

_To the 1st_,--I do not see the necessity or use of five Commissioners. A number of talkers lengthens discussions, and often embarrasses instead of aiding a settlement. Their different particular views, private interests, and jealousies of each other, are likewise so many rubs in the way, and it sometimes happens, that a number cannot agree to what each privately thinks reasonable, and would have agreed to, or perhaps proposed, if alone. But this as the parties please.

_To the 2d_,--The term of twentyone years would be better for all sides. The suspension of hostilities should be expressed to be between all parties at war; and that the British troops and ships of war now in any of the United States be withdrawn.

_To the 3d_,--This seems needless, and is a thing that may be done or omitted as you please; America has no concern about those acts of parliament.

_To the 4th_,--The reason of proposing this is not understood, nor the use of it, nor what inducement there can be for us to agree to it. When you come to treat with both your enemies, you may negotiate away as much of these engagements as you can; but powers, who have made a firm solid league, evidently useful to both, can never be prevailed with to dissolve it, for the vague expectation of another _in nubibus_; nor even on the certainty, that another will be proposed, without knowing what are to be its articles. America has no desire of being free from her engagements to France. The chief is, that of continuing the war in conjunction with her, and not making a separate peace; and this is an obligation not in the power of America to dissolve, being an obligation of _gratitude and justice_ towards a nation, which is engaged in a war on her account, and for her protection; and would be forever binding, whether such an article existed or not in the treaty; and though it did not exist, an honest American would cut off his right hand, rather than sign an agreement with England contrary to the spirit of it.

_To the 5th_,--As soon as you please.

If you had mentioned France in your proposed suspension of arms, I should have immediately shown it to the Minister, and have endeavored to support that idea. As it stands, I am in doubt whether I shall communicate your paper or not, though by your writing it is so fair it seems as if you intended it. If I do, I shall acquaint you with the result.

The bill, of which you send me a copy, was an excellent one at the time, and might have had great and good effects, if, instead of telling us haughtily, that our humble petition should receive no answer, the Ministry had received and enacted that bill into a law. It might have erected a wall of brass round England, if such a measure had been adopted, when Friar Bacon's brazen head cried out, TIME IS! But the wisdom of it was not seen, till after the fatal cry of TIME'S PAST!

I am, my dear friend, &c.

B. FRANKLIN.

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TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, May 26th, 1779.

Gentlemen,

The Marquis de Lafayette, who arrived here the 11th of February, brought me yours of October 28th, and the new commission, credentials, and instructions, which the Congress have honored me with. I have not since had an opportunity of writing, that I could trust, for I see by several instances, the orders given to private captains to throw their despatches into the sea, when likely to be taken, are sometimes neglected, and sometimes so badly executed, that the letters are recovered by the enemy, and much inconvenience has attended their interception. You mention, that you should speedily have opportunities of forwarding duplicates, and triplicates of the papers; none of them has ever come to hand, nor have I received any other line from you of later date.

I immediately acquainted the Minister of Foreign Affairs with my appointment, and communicated to him as usual, a copy of my credential letter, on which a day was named for my reception. A fit of the gout prevented my attendance at that time, and for some weeks after, but as soon as I was able to go through the ceremony I went to Versailles, and was presented to the King, and received in all the forms. I delivered the letter of Congress into his Majesty's own hands, who in the most gracious manner expressed his satisfaction. And I have since constantly attended the levee every Tuesday, with the other Foreign Ministers, and have taken every proper occasion of repeating the assurances I am instructed to give, of the grateful sentiments of Congress, and their determined resolution to fulfil religiously their engagements. Much pains is constantly taken by the enemy to weaken the confidence of this Court in their new allies, by representing our people as weary of the war, and of the government of Congress; which body, too, they represent as distracted by dissensions, &c. but all this has very little effect; and when on some occasions it has seemed to make a little impression, and create some apprehensions, I have not found it difficult to remove them. And it is my firm opinion, that notwithstanding the great losses suffered by the commerce of this kingdom, since the commencement of the war, the disposition of the Court to continue it (till its purpose of establishing our independence is completed,) is not the least changed, nor their regard for us diminished.

The end of that part of the instructions, which relates to American seamen, taken by the French in English ships, had already been obtained, Captain Jones having had for some time an order from Court, directed to the keepers of the prisoners, requiring them to deliver to him such Americans as should be found in their hands, that they might be at liberty to serve under his command. Most of them have accordingly been delivered to him, if not all. The Minister of the Marine, having entertained a high opinion of him, from his conduct and bravery in taking the Drake, was desirous of employing him in the command of a particular enterprise, and to that end requested us to spare him, which we did, and sent the Ranger home, under the command of his Lieutenant. Various accidents have hitherto postponed his equipment, but he now has the command of a fifty gun ship with some frigates, all under American commissions and colors, fitted out at the King's expense, and will sail, it is said, about the 1st of June.

The Marquis de Lafayette was, with some land troops, to have gone with him, but I now understand the Marquis is not to go, the plan being a little changed. The Alliance being weakly manned at first, and the Captain judging it necessary to be freed from thirtyeight of his men, who had been concerned in a conspiracy, and unwilling to take French seamen, I thought it best to send him directly home, as his ship might be of some protection to the vessels then about sailing to America, and Mr Adams, who was desirous of returning soon, might be accommodated with a passage in a swift sailing vessel. I accordingly offered her as a convoy to the trade at Nantes, but the gentlemen concerned did not think fit to wait for getting ready, as a French convoy offered, for at least part of the voyage, and the Minister requesting she might be added to Captain Jones's little squadron, and offering to give a passage to Mr Adams in the frigate with the new Ambassador, and to complete the Alliance's compliment of men, I thought it best to continue her a little longer in Europe, hoping she may, in the projected cruise, by her extraordinary swiftness, be a means of taking prisoners enough to redeem the rest of our countrymen, now in the English gaols. With this view, as well as to oblige the Minister, I ordered her to join Captain Jones at L'Orient, and obey his orders, where she is now accordingly. There have been great misunderstandings between the officers of that ship and their Captain, and great discontents among the men for want of clothes and money. I have been obliged to make great advances to appease those discontents, and I now hope the authority and prudence of Captain Jones will be able to remove, or at least to prevent, the ill effects of those misunderstandings. The conspirators are detained in prison, and will remain there subject to such directions as Congress may think fit to give concerning them. The courts here would not, because they properly could not, undertake to try them; and we had not Captains enough to make a Court martial for the purpose. The sending them to America, with evidence to convict them, will be a great trouble and expense, and perhaps their offence cannot be so clearly made out as to justify a punishment sufficient to deter by its exemplary severity. Possibly, the best use that can be made of them, is to give them in exchange for as many Americans in the cartel now operating here. The perfidious conduct of the English and Scotch sailors in our service, a good deal discourages the idea of taking them out of those prisons in order to employ them.

This cartel is at length brought about by the indefatigable endeavors of an old friend of mine, and a long declared one to America, Mr Hartley, member of Parliament for Hull. The ship employed has already brought us one cargo from the prison at Plymouth. The number was intended for a hundred, but proved ninetyseven, and she is returned with as many in exchange, to bring us a second number from the prison at Portsmouth. This is to continue till all are exchanged. The Americans are chiefly engaged with Captains Jones and Landais. This exchange is the more remarkable, as our people were all committed as for high treason.

Agreeable to the seventh instruction, I have earnestly recommended the reduction of Halifax and Quebec. The Marquis de Lafayette joined me warmly in the application for this purpose, and I hope we shall in due time see some good effects from it. I have also in various ways, and through different channels, laid before the Ministry the distressed state of our finances in America. There seems a great willingness in all of them to help us, except in the Controller, Monsieur Necker, who is said not to be well disposed towards us, and is supposed to embarrass every measure proposed to relieve us by grants of money. It is certain, that under the resolution, perhaps too hastily declared, of the King's imposing no new taxes on his subjects for this year, the Court has great difficulties in defraying present expense, the vast exertions to put the navy in a condition to equal that of England having cost immense sums.

There is also a prevailing opinion, that the most effectual service to us is to be expected from rendering their marine superior to that of England. The King has, however, to encourage our loan in Holland, been so good as to engage under his hand, to be security for our payment of the interest of three millions of livres, but that loan has not yet amounted to more than about eighty thousand florins. Doctor Price, whose assistance was requested by Congress, has declined that service, as you will see by the copy of his letter enclosed. To me it seems, that the measure recommended by the wisdom of Congress, for diminishing the quantity of paper by taxes of large nominal sums, must have very salutary effects.

As to your finances here, it is fit that you should know the state of them. When the Commissioners of Congress made the proposition of paying the interest at Paris of the money borrowed in America, they understood the loan to be of five millions of dollars. They obtained from government sums more than sufficient for the interest of such a sum. That sum has been increased, and if they could otherwise have provided for it, they have been from time to time drained by a number of unforeseen expenses, of which the Congress had no knowledge, and of others, occasioned by their orders and drafts; and the cargoes sent to the Commissioners by the Committee have some of them been treacherously run away with by the seamen, or taken by the enemy, or, when arrived, have been hitherto applied toward the payment of debts, the tobaccos to the Farmers-General according to contract, and the rice and indigo to Messrs Hortalez & Co. from whom, by the way, we have not yet been able to procure any account.

I have lately employed an accountant, the son of our banker, to form complete books of our accounts, to be sent to Congress. They are not yet ready. When they are, I shall send them by the first safe opportunity. In the meantime, I may just mention some particulars of our disbursements. Great quantities of clothing, arms, ammunition, and naval stores, sent from time to time; payment of bills from Mr Bingham, one hundred thousand livres; Congress bills in favor of Haywood & Co. above two hundred thousand; advanced to Mr Ross, about twenty thousand pounds sterling; paid Congress drafts in favor of returned officers, ninetythree thousand and eighty livres; to our prisoners in England, and after their escape to help them home, and to other Americans here in distress, a great sum; I cannot at present say how much; supplies to Mr Hodge for fitting out Captain Cunningham, very considerable; for the freight of ships to carry over the supplies, great sums; to Mr William Lee, and Mr Izard, five thousand five hundred pounds sterling; and for fitting the frigates Raleigh, Alfred, Boston, Providence, Alliance, Ranger, &c. I imagine not less than sixty or seventy thousand livres each, taken one with another; and for the maintenance of the English prisoners, I believe, when I get in all the accounts, I shall find one hundred thousand livres not sufficient, having already paid above sixtyfive thousand on that article. And now the drafts of the Treasurer of the loans, coming very fast upon me, the anxiety I have suffered, and the distress of mind lest I should not be able to pay them, has for a long time been very great indeed.

To apply again to this Court for money for a particular purpose, which they had already over and over again provided for and furnished us, was extremely awkward; I therefore repeated the _general_ applications, which we had made when together, for aids of money, and received the general answers, that the expense of government for the navy was so great, that at present it was exceedingly difficult to furnish the necessary supplies. That France, by sending a fleet to America, obliged the enemy to divide their forces, and left them so weak on the continent, as to aid us by lessening our expense, if it could not by giving us money, &c. &c. and I was asked if we did not receive money from Spain? I know indeed of some money received from thence, and I have heard of more, but know not how much, Mr Arthur Lee, as Minister for Spain, having taken to himself all the management of that affair, and will account to Congress. I only understand, that there is none of it left to assist in paying Congress bills. I at length obtained, as abovementioned, the King's _bon_ for payment of the interest of three millions, if I could borrow it in Holland, or elsewhere, but though two eminent houses in Amsterdam have undertaken it, and had hopes of success, they have both lately written to me, that the great demands of money for Germany and for England had raised interest above our limits, and that the successes of the English in Georgia and St Lucia, and in destroying the French trade, with the supposed divisions in Congress, all much magnified by the British Minister, and the pressing application to borrow by several of our States separately, had made the monied people doubtful of our stability, as well as our ability to repay what might be lent us, and that it was necessary to wait a more favorable moment for proceeding with our loan.

In this situation, I have been applied to by Mr William Lee, and lately through our banker, by Mr Izard, for more money for their expenses, and I am told there is much anger against me for declining to furnish them, and that I am charged with _disobeying an order of Congress_,[14] and with cruelly attempting to distress gentlemen, who are in the service of their country. They have indeed produced to me a resolve of Congress, _empowering them to draw_ on the Commissioners in France for their expenses at foreign Courts; and doubtless Congress, when that resolve was made, intended to enable us to pay those drafts; but as that has not been done, and the gentlemen (except Mr Lee for a few weeks) have not incurred any expense at foreign Courts, and if they had, the five thousand five hundred guineas, received by them in about nine months, seemed an ample provision for it, and as both of them might command money from England, I do not conceive that I _disobeyed an order_ of Congress, and that if I did, the circumstances will excuse it; and I could have no intention to distress them, because I must know it is out of my power, as their private fortunes and credit will enable them at all times to pay their own expenses.

[14] See Mr Izard's Correspondence, Vol. II. p. 446.

In short, the dreadful consequence of ruin to our public credit, both in America and Europe, that must attend protesting a single Congress draft for interest after our funds were out, would have weighed with me against the payment of more money to those gentlemen, if the demand had otherwise been well founded. I am, however, in the judgment of Congress: and if I have done amiss, must submit dutifully to their censure. Thanks to God, I have this last week got over the difficulty, so far as relates to the bills, which will all be punctually paid; but if the Navy Board sends more ships here to be fitted, or the Congress continue to draw for the payment of other debts, the ships will be disappointed, and I shall probably be made a bankrupt, unless funds are at the same time sent over to discharge such demands.

With regard to the fitting out of ships, receiving and disposing of cargoes, and purchasing of supplies, I beg leave to mention, that besides my being wholly unacquainted with such business, the distance I am from the ports renders my having anything to do with it extremely inconvenient. Commercial agents have indeed been appointed by Mr William Lee, but they and the captains are continually writing for my opinion or orders, or leave to do this or that, by which much time is lost to them, and much of mine taken up to little purpose, from my ignorance. I see clearly, however, that many of the captains are exorbitant in their demands, and in some cases I think those demands are too easily complied with by the agents, perhaps because the commissions are in proportion to the expense. I wish, therefore, the Congress would appoint the consuls they have a right to appoint by the treaty, and put into their hands all that sort of employment. I have in my desk, I suppose, not less than fifty applications from different ports, praying the appointment, and offering to serve gratis for the honor of it, and the advantage it gives in trade; but I imagine that if consuls are appointed, they will be of our own people from America, who, if they should make fortunes abroad, might return with them to their country.

The commissions demanded by the agents seem to me in some cases very high. For instance, Mr Schweighauser, in a late account, charges five per cent on the simple delivery of the tobaccos to the officer of the Farmers-General in the port, and by that means makes the commission on the delivery of the two last cargoes amount to about six hundred and thirty pounds sterling. As there was no sale in the case, he has, in order to calculate the commission, valued the tobacco at ninety livres the hundred weight, whereas it was, by our contract with the Farmers, to be delivered at about forty livres. I got a friend, who was going upon change, to inquire among the merchants what was the custom in such cases of delivery. I send enclosed the result he has given me of his inquiries. In consequence, I have refused to pay the commission of five per cent on this article; and I know not why it was, as is said, agreed with him at the time of his appointment, that he should have five per cent on his transactions, if the custom is only two per cent, as by my information.

I have mentioned above the applications of separate States to borrow money in Europe, on which I beg leave to remark, that when the General Congress are endeavoring to obtain a loan, these separate attempts interfere, and are extremely inconvenient, especially where some of the agents are empowered to offer a higher interest, and some have powers in that respect unlimited. We have likewise lately had applications from three several States to this Court, to be furnished with great quantities of arms, ammunition, and clothing, or with money upon credit to buy them; and from one State to be supplied with naval stores and ships of war. These agents, finding that they had not interest to obtain such grants, have severally applied to me, and seem to think it my duty, as Minister for the United States, to support and enforce their particular demands. I have endeavored to do so, but I find the Ministers do not like these separate applications, and seem to think that they should properly come only through Congress, to whom the several States in such cases ought first to make known their wants, and then the Congress could instruct their Minister accordingly. This would save the King's Ministers a good deal of trouble, and the several States the expense of these particular agents; concerning whom I would add a little remark, that we have in America, too readily, in various instances, given faith to the pretensions of strangers from Europe, and who offer their services as persons who have powerful friends, and great interest in their own country, and by that means obtain contracts, orders, or commissions, to procure what we want, and who, when they come here, are totally unknown, and have no other credit but what such commissions give them, or if known, the commissions do not add so much to their credit as they diminish that of their employers.

I have received two letters from a Frenchman, settled in one of the ports of Barbary, offering himself to act as our Minister with the Emperor, with whom he pretended to be intimate, and acquainting me that his Imperial Majesty wondered we had never sent to thank him for being the first power on this side of the Atlantic that had acknowledged our independence, and opened his ports to us; advising that we should send the Emperor a present. On inquiry at the office in whose department Africa is included, I learnt the character of this man to be such, that it was not safe to have any correspondence with him, and therefore I did not answer his letters. I suppose Congress has received the memorial we presented to this Court respecting the Barbary States, and requesting the King's good offices with them, agreeable to the treaty; and also the answer, expressing the King's readiness to perform those good offices whenever the Congress should send us instructions, and make provision for the necessary presents;[15] or if those papers have not yet got to hand, they will be found among the copies carried over by Mr Adams, and therefore I only mention them by way of remembrance. Whenever a treaty with the Emperor is intended, I suppose some of our naval stores will be an acceptable present, and the expectation of continued supplies of such stores, a powerful motive for entering into and continuing a friendship.

[15] Correspondence of the Commissioners at the Court of France. Vol.
I. pp. 431, 453, 462.

I should send you copies of several other memorials and public papers; but as Mr Adams goes in the same ship, and has the whole of our transactions during his time, it is not so necessary by this vessel. The disposition of this nation in general continues friendly towards us and our cause, and I do not see the least diminution of it, except among the West India merchants and planters, whose losses have rendered them a little discontented. Spain has been long acting as a mediator, but arming all the time most vigorously. Her naval force is now very great indeed, and as her last proposition of a long truce, in which America should be included and treated as independent in fact, though not expressly acknowledged as such, has been lately rejected by England, it is now thought, that her open junction with France in the war is not far distant.

The Commissioners here have a power in general terms to treat of peace, friendship, and commerce with European States, but I apprehend this is scarce explicit enough to authorise me to treat of such a truce, if the proposition should again come upon the _tapis_. I therefore wish the Congress to consider of it, and give such powers as may be necessary to whom they may think proper, that, if a favorable opportunity of making an advantageous treaty should offer, it may not be missed.

Admiral Arbuthnot, who was going to America with a large convoy and some troops, has been detained by a little attempt upon Jersey; and contrary winds, since that affair was over, have detained him further, till within these few days.

Since I began writing this letter, I have received a packet from the Committee, by way of Eustatia and Holland, sent by Mr Lovell, containing his letters of December the 8th, January the 29th, and February the 8th, with one from the President, dated January the 3d. Several papers are mentioned as sent with them, and by other opportunities, but none are come to hand, except the resolution to postpone the attempt on Canada, and these are the first despatches received here since the date of those sent by the Marquis de Lafayette. I have just received a letter from Mr Bingham, acquainting me, that the ship Deane, and the General Gates, are just arrived at Martinique, and apply to him to be careened, refitted, and procure a fresh supply of provisions; and that though he has no orders, he must draw upon me for the expense. I think it right to acquaint you thus early, that I shall be obliged to protest his bills.

I have just obtained from his Majesty orders to the government of Guadaloupe, to make reasonable reparation to Captain Giddens of Newbury for the loss of his vessel, sunk in mistake by a battery of that island. Great preparations are making here, with much activity in all the sea ports, taking up transports, and building small vessels proper for the landing of troops, &c. so that many think an invasion of England or Ireland is intended. The intention, whatever it is, may change, but the opinion of such an intention, which seems to prevail in England, may tend to keep their troops and ships at home.

General and Lord Howe, Generals Cornwallis and Grey, Colonel Montresor, and Captain Hammond, and others, have formally given it as their opinion in Parliament, that the conquest of America is impracticable. This week, as we hear, John Maxwell, Joseph Galloway, Andrew Allen, John Patterson, Theophilus Morris, Enoch Story, and Jabez Fisher are to be examined to prove the contrary. One would think the first set were likely to be the best judges.

Be pleased to present my dutiful respects to the Congress, and assure them of my most faithful services.

I have the honor to be, &c.

B. FRANKLIN.

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TO JAMES LOVELL.

Passy, June 2d, 1779.

Sir,

I received a few days since, via Eustatia and Holland, the triplicates of your several favors, of December the 8th, January the 29th, and February the 8th. The preceding copies of the same dates never came to hand. I thank you very much for the newspapers, though the disputes I see in them give me pain. You observe rightly, that the want of good conveyances obstructs much the punctuality of your correspondence. The number of long letters I have written to America has almost discouraged me from writing, except by such an opportunity as this. You may judge of the uncertainty of letters getting to hand, when I tell you, that though you mention the having sent me quadruplicates of my credentials, only those by the Marquis de Lafayette have yet appeared.

I am glad to understand, that you are taking measures to restore the value of your money, by taxing largely to reduce the quantity. I believe no financier in the world can put you upon a more effectual method. The English have had a little flow of spirits lately, from their success against the trade of France, and the news of the imagined conquest of Georgia, but the growing apprehension of a war with Spain, also, begins to sober them, and, like people who have been drunk with drams, they now seem to have both the head and heart ache. The late letters from thence are in a more humble style, and some printed papers by the last post, known to be ministerial, appear intended to prepare the minds of the people for propositions of peace. But these ebbs and flows are common with them, and the duration of neither is to be relied on.

As I do not find, by any of yours, that a long letter of mine to you in July last, has come to hand, I send you herewith a copy of it, (though now a little stale,) as it serves to show my continued good opinion of a gentleman, who, by the papers you have sent me, seems to be hardly used. I have never meddled with the dispute between him and Mr Lee, but the suspicion of having a good will to him has drawn upon me a great deal of ill will from his antagonist. The Congress have wisely enjoined the ministers in Europe to agree with one another. I had always resolved to have no quarrel, and have, therefore, made it a constant rule to answer no angry, affronting, or abusive letters, of which I have received many, and long ones, from Mr Lee and Mr Izard, who, I understand, and see indeed by the papers, have been writing liberally, or rather illiberally, against me, to prevent, as one of them says here, any impressions my writings against them might occasion to their prejudice, but I have never before mentioned them in any of my letters.

Our scheme here for packet boats did not continue.[16] I wish Congress could fall on some method of sending some little light vessels once a month, to keep up a correspondence more regular. Even the receiving of letters of a certain date, though otherwise of no importance, might serve to refute the false news of our adversaries on both sides of the water, which have sometimes too long their intended effect before the truth arrives. I see that frequently little pilot boats, of twentyfive or thirty tons burthen, arrive safe from Virginia; the expense of such would not be great.

I beg leave to recommend earnestly to your civilities M. le Chevalier de la Luzerne, who goes over to succeed M. Gerard, as the King's Minister to the Congress. He bears here a most amiable character, has great connexions, and is a hearty friend to the American cause.

With great esteem, I am, Sir, your most obedient and most humble servant,

B. FRANKLIN.

[16] This scheme may be found in the Correspondence of the
Commissioners, Vol. I. p. 284.

* * * * *

JAMES LOVELL TO B. FRANKLIN.

Philadelphia, June 13th, 1779.

Sir,

By way of Martinique I forward to you gazettes, journals, and one or two pamphlets. The situation of things in Congress has been such for some time past, that the Committee of Foreign Affairs have been drawn on to look daily for some interesting decisions to communicate to you, which must account for their silence many weeks. I am once again left alone, and therefore in too delicate circumstances to give you any detail of matters agitated, but not concluded, respecting your commission. I enclose a late resolve,[17] to which I beg your attention, and I entreat that you will believe me to be, with much respect, Sir, your most obedient servant,

JAMES LOVELL,

_For the Committee of Foreign Affairs_.

[17] _In Congress, June 5th, 1779._--"_Resolved_, that the Committee
for Foreign Affairs be directed to write immediately to the
Commissioners at the Court of France, and desire them to transmit an
account of their proceedings in Mr Beaumarchais's accounts, pursuant
to the order of Congress of the 13th day of April, 1778."

* * * * *

JAMES LOVELL TO B. FRANKLIN.

Philadelphia, July 9th, 1779.

Sir,

I send by this opportunity journals and gazettes, with some letters, which were to have gone by way of Martinique some time ago, with others that I hope will reach you by that channel. I add a complete set of Journals, as far as they are printed, viz. 1st volume, 2d volume, and from January 9th to June 12th this year, with two spare pamphlets of Nos. 2, 3, 11, 12, to make those already sent complete. Perhaps I may have the honor of writing again before the vessel sails out, though she is now falling down the river.

Your most obedient humble servant,

JAMES LOVELL,

_For the Committee of Foreign Affairs_.

* * * * *

JAMES LOVELL TO B. FRANKLIN.

Philadelphia, July 16th, 1779.

Sir,

We find by the Minister of France, that your appointment has given high satisfaction to his Court, and we are encouraged to expect proofs of its most confidential reliance upon your character. We have not had a line from you of this year's date; indeed, I believe your latest is November the 7th, 1778. Two days ago we received several letters from Doctor Lee and one from Mr Izard; the latter of March 4th, the former up to April 6th. The vessel was from Rochelle about the middle of May.

It was unfortunate that we did not get the information of Mr Lee earlier, respecting the designs of the enemy against Connecticut. They had accomplished a part of them a few days before. Will no one under a commission from these United States retaliate on the coast of England, for the burning of our beautiful Fairfield. A single privateer might, I think, show there a striking sample of the species of war carried on by Britain against America. We are told this evening, that General Lincoln has had an advantage over Prevost, in an open field fight, in which the militia behaved to admiration, on the 20th of June.

We forward two letters for "our great, faithful, beloved friend and ally, Louis Sixteenth, King of France and Navarre." We submit, however, the superscription to your judgment.

You will manage the invoices by your best abilities. The probability of success was held out to us by one, who doubtless makes known by this opportunity how much our present circumstances render such aids essential to us. A report of the treasury, respecting the just stipend of our late and present Ministers at foreign Courts, is not quite determined upon. A decision is peculiarly necessary as to Mr Lee and Mr Izard, after the proceedings here of June 8th. I put up for you a set of the Journals, which have been printed this year, adding some spare numbers to complete what have been sent in part of No. 15.

Presuming from report, and a passage of a letter from Doctor Lee, that Mr Adams is on his return hither, we do not write to him more. Should he remain in France, we beg he may be made acquainted with the cause of our omission. Good as this opportunity is, we expect a much better one shortly, when we shall renew assurances of being, &c.

JAMES LOVELL,

_For The Committee of Foreign Affairs_.

_P. S._ The letters and papers respecting M. de Francy's agency, were only this day delivered to us from the Secretary's office; but M. de Francy had sextuples before.

* * * * *

INSTRUCTIONS FROM CONGRESS TO B. FRANKLIN.

In Congress, August 14th, 1779.

Sir,

Having determined, in order to put a period to the present war, conformably to the humane dispositions, which sway the allied powers, that we would not insist on a direct acknowledgment by Great Britain of our right in the fisheries, this important matter is liable to an incertitude, which may be dangerous to the political and commercial interests of the United States; we have therefore agreed and resolved, that our right should in no case be given up; that we would not form any treaty of commerce with Great Britain, nor carry on any trade or commerce whatsoever with her, unless she shall make an express stipulation on that subject; and that if she shall, after a treaty of peace, disturb the inhabitants of these States in the exercise of it, we will make it a common cause to obtain redress for the parties injured.

But notwithstanding the precautions, as Great Britain may again light up the flames of war, and use our exercise of the fisheries as her pretext; and since some doubts may arise, whether this object is so effectually guarded by the treaty of alliance with His Most Christian Majesty, that any molestation therein on the part of Great Britain is to be considered as a _casus federis_, you are to endeavor to obtain of his Majesty an explanation on that subject upon the principle, that notwithstanding the high confidence reposed in his wisdom and justice, yet considering the uncertainty of human affairs, and how doubts may be afterwards raised in the breasts of his royal successors, the great importance of the fisheries renders the citizens of these States very solicitous to obtain his Majesty's sense with relation to them, as the best security against the ambition and rapacity of the British Court. For this purpose, you will propose the following article, in which nevertheless such alterations may be made, as the circumstances and situation of affairs shall render convenient and proper. Should the same be agreed to and executed, you are immediately to transmit a copy thereof to our Minister at the Court of Spain.

Whereas by the treaty of alliance between the Most Christian King and the United States of North America, the two parties guaranty mutually from that time, and for ever, against all other powers, to wit; the United States to His Most Christian Majesty, the possessions then appertaining to the crown of France in America, as well as those which it may acquire by the future treaty of peace; and His Most Christian Majesty guaranties, on his part, to the United States, their liberty, sovereignty, and independence, absolute and unlimited, as well in matters of government as commerce, and also their possessions, and the additions or conquests, that their confederation might obtain during the war, according to the said treaty; and the said parties did further agree and declare, that in case of a rupture between France and England, the said reciprocal guarantee should have its full force and effect, the moment such war should break out; and whereas doubts may hereafter arise how far the said guarantee extends to this case, to wit; that Great Britain should molest or disturb the subjects and inhabitants of France, or of the said States, in taking fish on the banks of Newfoundland, and other the fishing banks and seas of North America, formerly and usually frequented by the subjects and inhabitants respectively; and whereas the said king and the United States have thought proper to determine with precision the true intent and meaning of the said guarantee in this respect;

Now, therefore, as a further demonstration of their mutual good will and affection, it is hereby agreed, concluded, and determined as follows, to wit; that if, after the conclusion of the treaty or treaties, which shall terminate the present war, Great Britain shall molest or disturb the subjects or inhabitants of the said United States in taking fish on the banks, seas, and places formerly used and frequented by them, so as not to encroach on the territorial rights, which may remain to her after the termination of the present war as aforesaid; and war should thereupon break out between the said United States and Great Britain, or if Great Britain shall molest or disturb the subjects and inhabitants of France in taking fish on the banks, seas, and places, formerly used and frequented by them, so as to encroach on the territorial rights of Great Britain, as aforesaid, and war should thereupon break out between France and Great Britain, in either of those cases of war, as aforesaid, His Most Christian Majesty and the said United States shall make it a common cause, and aid each other mutually with their good offices, their counsels, and their forces, according to the exigence of conjunctures, as becomes good and faithful allies; provided always, that nothing herein contained shall be taken or understood as contrary to, or inconsistent with the true intent and meaning of the treaties already subsisting between His Most Christian Majesty and the said States; but the same shall be taken and understood as explanatory of, and conformable to those treaties.

I have the honor to be, &c.

JOHN JAY, _President_.

* * * * *

TO THE MARQUIS DE LAFAYETTE.

Passy, August 24th, 1779.

Sir,

The Congress, sensible of your merit towards the United States, but unable adequately to reward it, determined to present you with a sword, as a small mark of their grateful acknowledgment. They directed it to be ornamented with suitable devices. Some of the principal actions of the war, in which you distinguished yourself by your bravery and conduct, are therefore represented upon it. These, with a few emblematic figures, all admirably well executed, make its principal value. By the help of the exquisite artists France affords, I find it easy to express everything but the sense we have of your worth, and our obligations to you. For this, figures, and even words, are found insufficient. I therefore only add, that, with the most perfect esteem,

I have the honor to be, &c.

B. FRANKLIN.

_P. S._ My grandson goes to Havre with the sword, and will have the honor of presenting it to you.

* * * * *

THE MARQUIS DE LAFAYETTE TO B. FRANKLIN.

Havre, August 29th, 1779.

Sir,

Whatever expectations might have been raised from the sense of past favors, the goodness of the United States for me has ever been such, that on every occasion it far surpasses any idea I could have conceived. A new proof of that flattering truth, I find in the noble present which Congress has been pleased to honor me with, and which is offered in such a manner by your Excellency, as will exceed anything but the feelings of my unbounded gratitude.

In some of the devices I cannot help finding too honorable a reward for those slight services, which in concert with my fellow soldiers, and under the godlike American hero's orders, I had the good luck to render. The sight of these actions, where I was a witness of American bravery and patriotic spirit, I shall ever enjoy with that pleasure, which becomes a heart glowing with love for the nation, and the most ardent zeal for their glory and happiness. Assurances of gratitude, which I beg leave to present to your Excellency, are much too inadequate to my feelings, and nothing but those sentiments may properly acknowledge your kindness towards me. The polite manner in which Mr Franklin was pleased to deliver that inestimable sword, lays me under great obligations to him, and demands my particular thanks.

With the most perfect respect, I have the honor to be, &c.

LAFAYETTE.

* * * * *

TO JAMES LOVELL.

Passy, September 30th, 1779.

Sir,

I have within these few days received a number of despatches from you, which have arrived by the Mercury and other vessels. Hearing this instant of an opportunity from Bordeaux, and that the courier sets out from Versailles at five this evening, I embrace it just to let you know, that I have delivered the letters from Congress to the King, and have laid the invoices of supplies desired (with a translation) before the Ministers, and though I have not yet received a positive answer, I have good reason to believe I shall obtain most of them, if not all. But as this demand will cost the Court a vast sum, and their expenses in the war are prodigious, I beg I may not be put under the necessity, by occasional drafts on me, of asking for more money than is required to pay our bills for interest. I must protest those I have advice of from Martinique and New Orleans, (even if they were drawn by permission of Congress) for want of money; and I wish the Committee of Commerce would caution their correspondents not to embarrass me with their bills.