Chapter D: Hartley (3)

Thinking it necessary to create the office of our Consul-General at Boston, and other ports belonging to the United States of North America, and being desirous to confer a favor on M. Gerard, we have thought that we could not make choice of a better person than he, to fulfil the duties of this office, by our knowledge of his zeal and affection for our service and for the interests of our subjects, and of his judgment and ability in naval affairs; for these reasons, and others moving us thereto, we have nominated and appointed the said M. Gerard, and by these presents signed with our hand, do nominate and appoint him our Consul-General at Boston, and other ports belonging to the United States of North America, with power to appoint consuls and vice-consuls in the places where he shall judge them necessary; to have and to hold the said office, to exercise, enjoy, and use it, so long as it shall please us, with the honors, authorities, advantages, prerogatives, privileges, exemptions, rights, benefits, profits, revenues, and emoluments which belong to it, such, and the same as those which our other Consuls-General enjoy. We prohibit all French merchants, and all persons sailing under the French flag, from disturbing him in the possession, duties and exercise of this consulate. We enjoin on all captains, masters and commanders of ships, barks and other vessels, armed and sailing under the said flag, as well as on all our other subjects, to acknowledge the said M. Gerard, and to obey him in this capacity. We pray and request our very dear and great Friends and Allies, the Congress of the United States of North America, their governors and other officers whom it shall concern, to allow the said M. Gerard, and the consuls and vice-consuls whom he shall appoint to the said office, to possess it fully and peaceably, without causing, or allowing to be caused to them, any disturbance or hinderance; but on the contrary to give them all favor and assistance; offering to do the same for all those who shall be thus recommended to us on their part. In witness whereof we have caused our privy seal to be affixed to these presents.

Given at Versailles, the twentyeighth day of March, in the year of our Lord one thousand seven hundred and seventyeight, and of our reign the fifth.

LOUIS.

* * * * *

THE KING OF FRANCE TO CONGRESS.

Very dear and great Friends and Allies,

You will learn, undoubtedly, with gratitude, the measure, which the conduct of the King of Great Britain has induced us to take, of sending a fleet to endeavor to destroy the English forces upon the shores of North America. This expedition will convince you of the eagerness and the vigor, which we are resolved to bring to the execution of the engagements, which we have contracted with you. We are firmly persuaded, that your fidelity to the obligations, which your Plenipotentiaries have contracted in your name, will animate more and more the efforts, which you are making with so much courage and perseverance.

The Count d'Estaing, Vice-Admiral of France, is charged to concert with you the operations, the conduct of which we have intrusted to him, in order that the combination of measures on each side may render them as advantageous to the common cause as circumstances will permit. We entreat you to give full credit to everything, which he shall communicate to you on our part, and to place confidence in his zeal and in his talents.

Moreover, we pray God, that he will have you, very dear and great Friends and Allies, under his holy protection.

Written at Versailles, the twentyeighth day of March, in the year of our Lord, one thousand seven hundred and seventyeight.

LOUIS.

* * * * *

COUNT D'ESTAING TO THE PRESIDENT OF CONGRESS.

At Sea, July 8th, 1778.

Sir,

I have the honor of informing your Excellency, and by you of giving notice to Congress, of the arrival of the squadron of the King upon the shores of the United States of America.

Honored with full powers from the King to treat with Congress, I have the honor, Sir, of sending to your Excellency the copy of my credentials relating to this subject, the honor of presenting them myself; my desire to wait upon the respectable representatives of a free nation, my eagerness to reverence in them the noble qualities of wisdom and firmness, which distinguish them, virtues which all Europe admires and which France loves, are a happiness, which can be delayed only by my desire to render myself worthy of the favors of the United States, while I begin by performing the duties, which circumstances and my military functions impose upon me; I hope that they will serve as my excuse, and that your Excellency will have the kindness to offer them as such to Congress.

I have the honor of writing to his Excellency, General Washington, and shall have that of sending to his head quarters two officers in succession, in order to offer to him to combine my movements with his own. The merited reputation, which so great a soldier has so justly acquired, does not allow me to doubt that he is convinced better than any one else of the value of the first movements. I hope that the authority vested in him by Congress, has allowed him the liberty of taking advantage of them, and that we shall be able immediately, and without any delay, to act in concert for the benefit of the common cause; which seemed to me to require, that the orders of Congress should remove as speedily as possible, the legal difficulties, of which, perhaps, there are none.

Monsieur de Chouin, Major of infantry, and relation of M. de Sartine, is charged with delivering this letter to your Excellency; he is one of the officers whom I send to General Washington.

The readiness with which his Excellency, M. Gerard, Minister Plenipotentiary of the King, is hastening to take up his residence near Congress, and there to display the character with which his Majesty has invested him, will prevent all the delays, which my distance might occasion with regard to the military agreements. I have the honor of assuring your Excellency, that I shall make it my duty and pleasure to execute everything that M. Gerard shall promise. The promises, which he will make to you, will need no other ratifications on my part than those, which my physical force demands, and which the nature of the profession makes necessarily to depend upon the military or naval force, which is in operation.

A Minister so happy as to have had the glory of signing the treaty, which unites two powers whose interests are so intimately connected, will preserve the most important influence upon my further designs. The escort, which conducts him, that by which the King sends back to the United States his Excellency, Silas Deane, is, undoubtedly, the most brilliant which has ever accompanied Ambassadors. I dare hope that it will prove useful to the mutual interest of the two nations.

That will be the happiest moment of my life, in which I shall be able to contribute to it in anything. I shall, at the same time fulfil my duty, as an officer charged with the orders of his Majesty, and I shall satisfy my principles and my inclination as an individual.

I have the honor to be, &c.

ESTAING.

_P. S._ Permit me to recommend to the favor of Congress, Messrs John Nicholson, Elias Johnson, and Henry Johnson. Mr Nicholson preserved the ship Tonnant, which is the second in the squadron, and Mr Elias Johnson conducted himself with the greatest zeal and the greatest bravery on board the frigate Engageante, in the engagement in which she took the privateer Rose, in the Chesapeake Bay.

* * * * *

RESOLVES OF CONGRESS RESPECTING THE COUNT D'ESTAING'S LETTER,
AND THE RECEPTION OF M. GERARD.

In Congress, July 11th, 1778.

Resolved, that General Washington be informed by the President, that it is the desire of Congress, that he co-operate with the Count d'Estaing, commander of a French squadron now on the coast of North America, and proceeding to New York, in the execution of such offensive operations against the enemy as they shall mutually approve.

His Most Christian Majesty, the King of France, having thought proper to send on the coasts a powerful fleet, in order to co-operate with the forces of these States in the reduction of the British army and navy, Resolved, that General Washington be impowered to call on the States of New Hampshire, Massachusetts Bay, Connecticut, Rhode Island, New York, New Jersey, or such of them as he shall judge proper, for such aids of their militia as he shall think requisite for carrying on his operations, in concert with Count d'Estaing, commander of the French fleet; and that it be earnestly recommended to the abovementioned, to exert themselves in forwarding the force, which may be required of them with the utmost despatch.

Resolved, that the Marine Committee be directed to order the Commissioners of the navy to the eastward, to fit out as many continental frigates and armed vessels as possible, with the utmost despatch, to join the French squadron in their operations against the enemy.

Ordered, that the Board of War take measures for providing a suitable house for the accommodation of M. Gerard; and that they give the necessary orders for receiving M. Gerard with proper honor on his arrival.

Resolved, that a committee of five be appointed to wait on M. Gerard on his arrival, and conduct him to his lodgings.

The members chosen, Mr Hancock, Mr Lee, Mr Drayton, Mr Roberdeau, and Mr Duer.

Next morning the committee went to Chester to meet M. Gerard, who received them on board the frigate. In going on board they were saluted with fifteen guns. They then went on shore and waited on him to Philadelphia, and conducted him to General Arnold's head quarters, where a dinner was provided for him and his suit, and a number of the members of Congress. Before dinner he waited on the President.

On Tuesday he delivered to the President sundry papers to be laid before Congress,[23] desiring to know in what capacity Congress were willing to receive him; whether as Minister Plenipotentiary or resident, intimating, that in whatever quality he was received, it would be expected, that the Commissioners from the States at the Court of France should be vested with the same.

FOOTNOTE:

[23] Letters from the King, and notes of M. Gerard.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 14th, 1778.

Sir,

His Excellency, the Count d'Estaing, Vice-Admiral of France, commander of the squadron of the King, being desirous to procure for the armed vessels, whether public or private, of the United States, the means of availing themselves of the operations of this squadron, in order to take prizes from the common enemy, the undersigned has the honor to inform Congress, that all their armed vessels will enjoy the most extended protection of the squadron of his Most Christian Majesty, and that the prizes which they may be able to take will belong entirely to them. He leaves it to the wisdom of Congress to fix upon the means of deriving from this arrangement, the advantage of which it is susceptible. The American vessels, which shall apply to his Excellency the Vice-Admiral, will receive the signals which will be necessary; and the undersigned will successively communicate them to Congress, that information of them may be given to those who shall sail from the ports. He relies on the prudence of Congress in relation to the measures necessary to ensure success in this matter.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 14th, 1778.

Sir,

The squadron which the King, my master, has sent, in order to act in concert with the United States, against the common enemy, having taken some prisoners during its passage, the keeping of whom on board of the vessels would be embarrassing and even dangerous, the undersigned requests the Congress of the said United States to have the goodness to cause these prisoners, as well as those whom the King's squadron shall be able to take in the course of its operations, to be received, to cause provision to be made for their safe keeping and subsistence, in the same manner as that which it makes use of for its own prisoners, and to hold them at the disposal of the King, and subject to the orders of his Excellency, the Count d'Estaing, Vice-Admiral of France, and commander of his Majesty's squadron.

The undersigned will take care to cause all the expenses incurred on this occasion to be reimbursed at certain periods, in such manner as the Congress shall be pleased to point out.[24]

GERARD.

FOOTNOTE:

[24] Congress took into consideration the Memorial respecting prisoners, and thereupon

"Resolved, that all prisoners taken, or which may be taken, by the squadron of his Most Christian Majesty, under the command of the Count d'Estaing, Vice-Admiral of France, be received by the Commissary-General of prisoners, and that he provide for their safe custody and subsistence in like manner as has been usual for the prisoners of these States. That he make monthly returns of all prisoners, which shall be by him so received, to the Board of War. That he make monthly returns to the treasury, of the accounts of all moneys expended for the purposes aforesaid, and that the prisoners be held at the disposal of his Most Christian Majesty, and subject to the orders of his Excellency Count d'Estaing.

"Ordered, that the paper relative to the encouragement given by the Count d'Estaing to American armed vessels, whether public or private, be published."

* * * * *

CEREMONIAL OF ADMITTING THE FRENCH MINISTER TO CONGRESS.

In Congress, July 20th, 1781.

Resolved, That the ceremonial for a Minister Plenipotentiary, or Envoy, shall be as follows;

When a Minister Plenipotentiary, or Envoy, shall arrive within any of the United States, he shall receive at all places where there are guards, sentries, or the like, such military honors as are paid to a general officer of the second rank in the armies of the United States.

When he shall arrive at a place in which Congress shall be, he shall wait upon the President and deliver his credentials, or a copy thereof. Two members of Congress shall then be deputed to wait upon him, and inform him where and when he shall receive audience of Congress.

At the time he is to receive his audience, the two members shall again wait upon him in a coach belonging to the States, and the person first named of two, shall return with the Minister Plenipotentiary, or Envoy, in the coach, giving the Minister the right hand, and placing himself on the left, with the other member on the front seat.

When the Minister Plenipotentiary, or Envoy, is arrived at the door of the Congress Hall, he shall be introduced to his chair by the two members, who shall stand at his left hand. Then the member first named shall present and announce him to the President and the House, whereupon he shall bow to the President and Congress, and they to him. He and the President shall then again bow to each other and be seated, after which the House shall sit down.

Having spoken and being answered, the Minister and the President shall bow to each other, at which time the House shall bow, and then he shall be conducted home in the manner in which he was brought to the House.

Those who shall wait upon the Minister shall inform him, that if in any audience he shall choose to speak on matters of business, it will be necessary previously to deliver in writing to the President what he intends to say at the audience, and if he shall not incline thereto, it will, from the constitution of Congress, be impracticable for him to receive an immediate answer.

The style of address to Congress shall be, "Gentlemen of the Congress."

All speeches or communications in writing may, if the public Minister choose it, be in the language of their respective countries, and all replies or answers shall be in the language of the United States.

After the audience, the members of Congress shall be first visited by the Minister Plenipotentiary, or Envoy.

_July 30th._ Resolved, That Thursday next be assigned for giving audience to the honorable M. Gerard, Minister Plenipotentiary from his Most Christian Majesty.

_August 5th._ Resolved, That when the Minister is introduced to his chair by the two members, he shall sit down.

His Secretary shall then deliver to the President the letters of his Sovereign, which shall be read and translated by the Secretary of Congress. Then the Minister shall be announced. At which time the President, the House, and the Minister shall rise together. The Minister shall then bow to the President and the House, and they to him. The Minister and the President shall then bow to each other and be seated; after which the House shall sit down. The Minister shall deliver his speech standing, the President and the House shall set while the Minister is delivering his speech.

The House shall rise, and the President shall deliver the answer standing. The Minister shall stand while the President delivers the answer.

Having spoken, and being answered, the Minister and the President shall bow to each other, at which time the House shall bow, and then the Minister shall be conducted home in the manner in which he was brought to the House.

Resolved, That the door of the Congress chamber be open during the audience to be given to the Minister Plenipotentiary of his Most Christian Majesty.

That the delegates of Pennsylvania be requested to inform the Vice President, the Supreme Executive Council, and the Speaker and Assembly of the said State, that the Minister Plenipotentiary of his Most Christian Majesty, the King of France, will receive his audience of Congress at twelve o'clock tomorrow, when the doors of the chamber will be opened.

That each member of Congress may give two tickets for the admittance of other persons to the audience, and that no other persons except those specified in the foregoing resolution, be admitted without such a ticket signed by the members appointed to introduce the Minister to the Congress.

_Thursday, August 6th._ According to order the honorable M. Gerard was introduced to an audience by two members of Congress, and being seated, his Secretary delivered to the President a letter from his Most Christian Majesty, directed "To our very dear and great Friends and Allies, the President and Members of the General Congress of the United States," in the words following;

[See this letter above, p. 235, dated March 28th, 1778.]

The Minister was then announced to the House, whereupon he arose and addressed Congress in a speech which, when he had finished, his Secretary delivered in writing to the President, and is as follows;

Translation.

"Gentlemen,

"The connexions which the King, my master, has formed with the United States of America, are so agreeable to him, that he has been unwilling to delay sending me to reside near you to unite them more closely. His Majesty will be gratified to learn, that the sentiments which are manifested on this occasion justify the confidence, with which the zeal and the character of the deputies of the United States in France, the wisdom and the firmness which have directed your resolutions, together with the courage and the constancy which the people have displayed, have inspired him. You know, Gentlemen, that this confidence has laid the foundation of the truly friendly and disinterested plan, upon which his Majesty has treated with the United States.

"It has not rested with him, that his engagements could not secure your independence and your tranquillity without the further effusion of blood, and without aggravating the miseries of mankind, of which it is his whole ambition to secure the happiness; but the hostile dispositions and resolutions of the common enemy having given a present force, positive, permanent, and indissoluble, to engagements wholly eventual, the King, my master, has thought that the two allies should occupy themselves only with the means of fulfilling them in the manner the most useful to the common cause, and of the most effect in obtaining peace, which is the object of the alliance. It is in conformity with this principle, that his Majesty has hastened to send you a powerful assistance. You owe it, Gentlemen, to his friendship, to the sincere interest which he takes in the welfare of the United States, and to the desire which he has of concurring effectually in securing your peace and your prosperity on honorable and firm foundations. He hopes, moreover, that the principles adopted by the governments will contribute to extend the connexions, which the mutual interest of the respective nations had already begun to form between them. The principal point of my instructions is to make the interests of France and those of the United States keep pace together. I flatter myself, that my past conduct in affairs which interest them, has already convinced you that I have no more earnest desire, than that of executing my instructions in such a manner as to deserve the confidence of Congress, the friendship of its members, and the esteem of all the citizens."

To this speech the President returned the following answer;

"Sir,

"The treaties between his Most Christian Majesty and the United States of America so fully demonstrate his wisdom and magnanimity as to command the reverence of all nations. The virtuous citizens of America in particular can never forget his beneficent attention to their violated rights, nor cease to acknowledge the hand of a gracious Providence in raising for them so powerful and illustrious a friend. It is the hope and the opinion of Congress, that the confidence his Majesty reposes in the firmness of these States will receive additional strength from every day's experience.

"This assembly are convinced, Sir, that had it rested solely with the Most Christian King, not only the independence of these States would have been universally acknowledged, but their tranquillity fully established; we lament that lust of domination, which gave birth to the present war and has prolonged and extended the miseries of mankind. We ardently wish to sheathe the sword, and spare the further effusion of blood; but we are determined, by every means in our power, to fulfil those eventual engagements, which have acquired positive and permanent force from the hostile designs and measures of the common enemy.

"Congress have reason to believe, that the assistance so wisely and generously sent will bring Great Britain to a sense of justice and moderation, promote the interests of France and America, and secure peace and tranquillity on the most firm and honorable foundation. Neither can it be doubted, that those who administer the powers of government, within the several States of this Union, will cement that connexion with the subjects of France, the beneficent effects of which have already been so sensibly felt.

"Sir, from the experience we have had of your exertions to promote the true interests of our country as well as your own, it is with the highest satisfaction Congress receive as the first Minister from his Most Christian Majesty, a gentleman, whose past conduct affords a happy presage that he will merit the confidence of this body, the friendship of its members, and the esteem of the citizens of America."

* * *

The Secretary of Congress delivered to the Minister a copy of the foregoing speech, dated "In Congress, August 6th, 1778," and signed "Henry Laurens, President." Whereupon the Minister withdrew, and was conducted home in the manner in which he was brought to the House.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, November 9th, 1778.

Sir,

The Minister Plenipotentiary of France has the honor to inform the Congress of the United States of North America, that he has obtained, on account of his Majesty, the cargo of two schooners; the one called the Gentil, George Andre, Captain, and the other the Adventurer, commanded by Captain Joseph Taffier, these two vessels being now in the port of Petersburg, Virginia, and their cargoes delivered, consisting of from twelve to thirteen hundred barrels of flour, and about fifty barrels of biscuit. The destination of these provisions, requiring that they should depart immediately, the undersigned Minister Plenipotentiary requests Congress to be pleased to take the measures which it shall judge necessary, in order, that the departure of these two vessels with their cargoes may meet with no obstacle. An express will wait for the orders, which it may be necessary to send into Virginia, in relation to this object.

GERARD.

Whereupon Congress ordered, that the President write to the Governor of Virginia, explain to him the nature of this transaction, and the necessity of the vessels' immediate departure, and desire him to give orders accordingly.

* * * * *

_November 18th, 1778._ Two letters from the Honorable the Minister Plenipotentiary of France were read, requesting a passage on board of one of the continental frigates, for the Chevalier de Raymondis, Captain of the Caesar, and that a vessel on board of which are a number of invalids, may be taken under convoy of the frigate until she be safe at sea. These were referred to the Marine Committee, with directions to comply with the request therein contained.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, November 20th, 1778.

Sir,

The Minister of France thinks it his duty to have the honor of communicating to the President of Congress the reflection that, according to ordinary rules, treaties are not published until the respective ratifications have been exchanged, and that so far as he is informed, that of the King has not arrived. If Congress, however, has motives to proceed immediately to this publication, the Minister requests it not to be stopped by his reflection; the wisdom of their views deserving all preference over what can only be regarded as a mere formality.

GERARD.

* * * * *

Philadelphia, December 2d, 1778.

The President communicated to Congress the following unsigned note from the Minister of France.

"It is thought proper to inform persons, who have business in France, that all judicial and extra-judicial acts, powers of attorney, &c. which are destined to be sent thither, ought to be invested with the authorisation of the Minister Plenipotentiary, or the Consuls of this Crown established in the different States of America. By means of this formality, all the acts valid in America will have the same validity in France in all cases."

_December 4th._ The President communicated to Congress another unsigned note from the Minister of France, relative to a plan he had proposed for discharging the debt due to Roderique Hortalez & Co. namely, by furnishing the French fleet in America with provisions, for the amount of which the Court would procure the United States a credit with Hortalez & Co. The note was delivered in English, in the words following.

"Leave is begged from the Honorable the President of Congress to submit to him some reflections upon a late conversation. The insinuation made was founded upon the consideration, that the method proposed would be more simple, more easy, and more convenient, than any other, and that besides, the troubles, the expenses, the dangers of the sea, and of the enemy, the spoiling of the cargoes, &c. would be avoided.

"The manner of executing this plan, if adopted, would be very simple, and attended with no inconveniency; the Court shall take upon itself to satisfy the furnisher of the articles in question, and Congress shall receive the discharge for ready money, in their accounts with the Court."

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, December 6th, 1778.

Sir,

The Minister Plenipotentiary of France, considering that it is of great importance for the interests of France and the United States of America to prevent, or to delay as much as possible, the repairs, and consequently the activity of the enemy's ships, and that one of the most efficacious means would be, to intercept the masts which they are obliged to bring from Halifax, is firmly persuaded, that this subject has not escaped the consideration of Congress, but believing that it is for the interest of the King, his master, that his Majesty should contribute to the measures which may effect this object, his intention is to offer a reward to the owners of privateers, who shall take or destroy vessels loaded with masts proper for ships of the line or for frigates. This encouragement seemed necessary, in order to turn the efforts of privateers in this direction, considering the low price of this commodity in proportion to other cargoes, but the said Minister did not wish to execute this plan without communicating it to Congress, and before knowing its opinion on this subject.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, December 7th, 1778.

Sir,

I have had the honor to make known to you the reasons of my perplexity, with regard to transmitting to my Court some ideas respecting certain persons strongly suspected of being emissaries of the Court of London, as well as concerning the doctrine of the liberty, which it is pretended the United States have preserved of treating with this power separately from their ally, so long as Great Britain has not declared war upon the King my master. I have expressed to you how far it is from my character to pay regard to public rumors and to the reports of any individuals, in a matter as important as it is delicate, and the desire which I feel that Congress would be pleased to furnish me with the means of placing my Court, and by its means, all the present and future friends of the United States in Europe, on their guard against the impressions which these ideas might produce. They appeared to me particularly dangerous in relation to England, where they would nourish the hope of sowing domestic divisions in the bosom of the United States, and of separating them from their ally, by annulling, also, the treaties concluded with him. It seems, in fact, that as long as this double hope shall continue, England will not think seriously of acknowledging your independence on the footing expressed in the treaty of Paris. Your zeal, Sir, for your country, and for the maintenance of the harmony so happily established, is too well known for me not to hope that you will be pleased to lay before Congress this subject, which my solicitude for whatever concerns the maintenance of the reputation of the alliance has caused me to regard as very important.

I am persuaded, Sir, that you will at the same time have the goodness to inform Congress of the proof of firmness, and of attachment to the interests of the United States, to the common cause and to the alliance, which the King my master has given, in rejecting the overtures which the Court of London has made through Spain.

I have the honor to be, with sentiments of respect, &c.

GERARD.

* * * * *

To the memorial respecting masts, an answer was returned on the 16th. And in answer to the above letter Congress passed a resolution on the 14th of January, 1779, as follows;

"Whereas it has been represented to this House by M. Gerard, Minister Plenipotentiary of France, that it is pretended that the United States have preserved the liberty of treating with Great Britain separately from their ally, as long as Great Britain shall not have declared war against the King, his master, therefore,

"Resolved unanimously, That as neither France nor these United States may of right, so these United States will not conclude either truce or peace with the common enemy without the formal consent of their ally first obtained, and that any matters or things which may be insinuated or asserted to the contrary thereof tend to the injury and dishonor of the said States."

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, December 14th, 1778.

Sir,

The Minister Plenipotentiary of France has the honor to remind Congress, that they were pleased to order in Virginia the purchase of eighteen thousand barrels of flour to complete the quantity of provisions destined for the fleet of his Most Christian Majesty, but the undersigned being informed of the scarcity of this article has confined himself to ten or twelve thousand. Information since received from Virginia causing him to fear that the flour of the current year has a disagreeable taste, and that, consequently, the aforesaid quantity cannot be furnished of a quality suitable for bearing the climate of the islands, the undersigned presumes that a part of it may be replaced by rice taken from South Carolina, where he is informed this article abounds.

It is from these considerations that the undersigned Minister takes the liberty to request Congress to take the measures necessary in order that six thousand barrels of rice may be bought and exported from South Carolina, the said Minister being resolved to employ American citizens in these kinds of purchases, as he has promised, proposes to intrust this commission to Mr Gervais.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 4th, 1779.

Sir,

The Minister Plenipotentiary of France learns by M. Francy, that, from the offer which he made in relation to the payment by compensation of a part of the sums due from the United States to M. de Beaumarchais, consequences have been drawn, which are contrary to the intentions of the undersigned.

He finds himself obliged to prevent all mistakes by declaring in writing, as he always has done verbally, that all the supplies furnished by M. de Beaumarchais to the States, whether merchandise or cannons and military goods, were furnished in the way of commerce, and that the articles which came from the King's magazines and arsenals were sold to M. de Beaumarchais by the department of artillery, and that he has furnished his obligations for the price of these articles. He is, consequently, a debtor to the war department, whilst he is a creditor of the United States by the sale of these same articles, which had become his property. On the other side the King is a debtor to the United States.

It is this situation, namely, the difficulty which Congress finds in paying M. de Beaumarchais by return of merchandise, and the considerable saving which would result to Congress, that has determined the undersigned to offer a mutual compensation, and to pay the King's debts to the United States to the amount of the receipts of M. de Beaumarchais, which Congress will receive in ready money. This is the simple and natural operation, which the undersigned has offered, and which ought not at all to change the situation of M. de Beaumarchais with regard to Congress, since he is and continues to be a creditor in his own name, of the United States, and since the undersigned simply offers to pay to the discharge of Congress a certain sum, which the undersigned will determine in concert with M. de Francy, when Congress shall have passed a resolution on this offer.

The undersigned thinks that he owes these explanations to his respect for Congress, and he hopes that if there may remain any false ideas on this subject, Congress will be pleased to place him in a situation to supply all the information which may yet be desired.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 5th, 1779.

Sir,

The Minister Plenipotentiary of France cannot forbear to submit to the Congress of the United States, the passages underscored in the two gazettes annexed, under date of the 3d and 5th of this month. He has no doubt of the indignation of Congress at the indiscreet assertions contained in these passages, which equally bring into question the dignity and reputation of the King my master, and that of the United States. These assertions will become, in the hands of the enemies of the common cause, a weapon the more powerful and dangerous, as the author is an officer of Congress, and as he takes advantage of his situation to give credit to his opinions and to his affirmations.

The aforesaid Minister relies entirely on the wisdom of Congress to take measures suitable to the circumstance. It has not been owing to him, that the author has not himself repaired the injury which he has done, the Minister Plenipotentiary having hastened to convince him of the wrongs of which he was guilty, when the first of these gazettes appeared in public.

GERARD.

* * * * *

The passages referred to in the above were contained in a piece published in the Pennsylvania Packet, under the title, "Common Sense to the Public on Mr Deane's Affair," written by Thomas Paine, then Secretary to the Committee of Foreign Affairs; and are as follows;

"If Mr Deane, or any other gentleman, will procure an order from Congress to inspect an account in my office, or any of Mr Deane's friends in Congress will take the trouble of coming themselves, I will give him or them my attendance, and show them in a hand-writing, which Mr Deane is well acquainted with, that the supplies he so pompously plumes himself upon (namely, those which were sent from France in the Amphitrite, Seine, and Mercury) were promised and engaged, and that _as a present_, before he even arrived in France, and that the part which fell to Mr Deane was only to see it done, and how he has performed that service, the public are now acquainted with." The last paragraph in the account, is "upon Mr Deane's arrival in France, the business went into his hands, and the aids were at length embarked in the Amphitrite, Mercury, and Seine." "I have been the more explicit on this subject, not so much on Mr Deane's account, as from a principle of public justice. It shows, in the first instance, that the greatness of the American cause drew at its first beginning the attention of Europe, and that the justness of it was such as appeared to merit support; and in the second instance, _that those who are now her allies prefaced that alliance by an early and generous friendship_; yet, that we might not attribute too much to human or auxiliary aid, so unfortunate were those supplies, that only one ship out of the three arrived; the Mercury and the Seine fell into the enemy's hands."

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 10th, 1779.

Sir,

I cannot forbear to present to Congress the striking observations occasioned by the delay, which the answer to my representation of the beginning of the past month meets with. Already the enemies of the common cause represent it as a proof of the diversity of the opinions which prevail in Congress, as if there could exist a contrariety of sentiments upon a subject so simple, and a matter so clear, that to call it in question would be at the same time to call in question the solidity, and even the existence of the alliance. Certainly, Sir, no one is farther than myself from adopting suspicions, which would be so fatal to the common cause; but I have had the honor to explain the motives, which should induce Congress to give to this subject a ready, formal, and explicit declaration. They know that erroneous opinions become more difficult to destroy when they have had time to take root in men's minds; it is then wished to remedy the evil, but it is found irremediable. The greater part of these reflections is applicable in an equal degree to the declaration, which I had the honor to make to Congress on the 5th of this month, and I wait impatiently for answers, which may quiet my Court against the efforts made by the enemies to draw from the facts in question, inferences injurious to the allies and the alliance, efforts of which Congress alone can avoid the dangers. My zeal and my respect do not allow me to conceal from them apprehensions, which seem to me but too well founded and worthy of all their attention.

I have the honor to be, &c.

GERARD.

* * * * *

On the 12th of January, Congress taking into consideration the publication in the Pennsylvania Packet of the 2d and 5th instant, under the title of "Common Sense to the Public on Mr Deane's Affair," of which Mr Thomas Paine, Secretary of the Committee of Foreign Affairs, has acknowledged himself to be the author, and also the memorials of the Minister Plenipotentiary of France, of the 5th and 10th instant, respecting the said publication; "Resolved, unanimously, that in answer to the memorials of the Plenipotentiary of his Most Christian Majesty, of the 5th and 10th instant, the President be directed to assure the said Minister, that Congress do fully, in the clearest and most explicit manner, disavow the publications referred to in his said memorials, and, as they are convinced by indisputable evidence, that the supplies shipped in the Amphitrite, Seine, and Mercury, were not a present, and that his Most Christian Majesty, the great and generous ally of these United States, did not preface his alliance with any supplies whatever sent to America, so they have not authorised the writer of the said publication to make any such assertions as are contained therein, but, on the contrary, do highly disapprove of the same."

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 14th, 1779.

Sir,

I have received the letter, with which you honored me on the 13th of this month, on sending me the resolution of Congress in answer to the representations, which I had the honor to make to it on the 5th and 10th.

I request you to receive, and to offer to Congress, all the sensibility with which I have seen the frank, noble, and explicit manner in which they have destroyed false and dangerous insinuations, which might deceive the misinformed people, and give arms to the enemies of the common cause.

The King, my master, Sir, does not need these proofs, in order to place his confidence in the disposition of firmness and constancy, which is exhibited by Congress in the principles of the alliance; but his Majesty will always see with pleasure the measures that Congress shall take to maintain its reputation inviolate, and it is from this same consideration, that I flatter myself he will have found my representation of the 7th of December last, equally worthy of his attention.

I am, with respect and esteem, &c.
GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 15th, 1779.

Sir,

With all my eagerness for whatever can be agreeable to Congress, I have made use of their resolution relative to M. Duportail, and the officers who accompany him. They feel much honored by the praises, which their services and conduct have merited, as well as by the confidence which Congress shows in them, by desiring them to pass another campaign in the service of the United States. Their letter, a copy of which is annexed, expresses their resolution to accept this invitation, and moreover contains proofs of an unlimited confidence in the justice and goodness of Congress.

I do not doubt, Sir, that these sentiments will increase the degree of esteem and good will, which they already deserve on account of their distinguished services. This affair being thus settled, I shall lose no time in asking of the King the consent, which the officers of engineers need. My knowledge of the dispositions of the King and his Ministry, in relation to whatever may be useful to the United States, does not allow me to doubt, that my conduct, and the attachment of these officers to the American service, will be approved.

I am, with respectful esteem, &c.

GERARD.

* * * * *

MESSRS DUPORTAIL, LA RADIERE, AND LAUMOY TO M. GERARD.

Translation.

Philadelphia, January 15th, 1779.

Sir,

We have been penetrated with gratitude on seeing in the resolution of Congress, annexed to your Excellency's letter, proofs of esteem with which we are honored by our illustrious General, and which gives occasion to the proposition which is made to us, of continuing in the service of the United States through the next campaign. We willingly consent to it, since your Excellency thinks, that we shall thereby fulfil the intentions of the Court, and since you are so kind as to take upon yourself the trouble of asking from it the necessary permission. Relying also on the justice of Congress for the favors which we may merit from longer services, we affix no conditions to the continuance of our residence in America. But we deem it our duty to state, that being determined to remain here by our desire of serving, and of being useful to the United States, if the means of usefulness should disappear on any account whatsoever, we shall be desirous of preserving the liberty of returning into our country. Sensible of the interest which your Excellency is so kind as to take in this affair, we beg you to accept our most humble thanks.

We are, respectfully, your Excellency's most obedient humble servants,

DUPORTAIL,
LA RADIERE,
LAUMOY.

_P. S._ M. de Goudion has said, that he would agree to whatever we should do.

* * * * *

_January 21st._ A Memorial from M. Gerard, Minister Plenipotentiary of France, and Consul-General, was read, enclosing a commission of Consul in the port of Boston, and other ports in Massachusetts Bay, to the Sieur Valnais. The commission was referred to the Marine Committee, and they were instructed to register it and to return the original to M. Valnais, and to take measures for making him known to all whom it may concern, as Consul of France in the State of Massachusetts.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, February 3d, 1779.

Sir,

The Minister Plenipotentiary of France has the honor to represent to the Congress of the United States, that it is of infinite importance to the safety of the King's squadron, stationed in the Gulf of Mexico, to determine the supply of provisions on which it may rely. And several vessels being ready to sail for Martinique, the wisdom of Congress will show to that body the necessity of informing the commander of this squadron of it without delay.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, February 8th, 1779.

Sir,

The Minister Plenipotentiary of France, being ordered to communicate to Congress subjects of the highest importance, has the honor to inform the President of it, and requests him to inform him, whether he wishes him to execute his orders through him, or if he prefers that he should communicate them to Congress in an audience.

GERARD.

"Ordered, that the President acquaint M. Gerard, Minister
Plenipotentiary of France, that Congress will admit him to a
private audience, when he shall present himself, to make the
communication he is instructed to make to Congress."

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, February 9th, 1779.

Sir,

By instructions addressed to the undersigned on the 29th of October last, he is ordered to transmit to Congress the answer of the King to certain communications made to his Majesty by the Commissioners of the United States.

1st. These Commissioners having desired his Majesty to continue the subsidy which he had granted them, he gave them to understand, that his affairs did not permit him to make this engagement, since the war which he is carrying on against England, and the general situation of Europe, require expenses which absorb all his resources, yet in consequence of the representations made by the deputies, of the difficulty which they found in honoring the bills of exchange which Congress had drawn upon them, for the interest due upon money which had been borrowed, his Majesty has been pleased to grant a sum of seven hundred and fifty thousand livres, as a new proof of his friendship for the United States.

2dly. The same Commissioners made known to the King, that Congress had reason to presume, that a part of the articles furnished to the United States, was a present on the part of his Majesty. The undersigned is authorised to declare, that this intention never existed, that it was an affair entirely commercial, in which the Ministry had no other part, than that of permitting M. de Beaumarchais to take from the magazines and arsenals of the King, on condition of replacing them, the articles with which commerce could not supply him, that consequently the Ministry had no other power in this affair, than that of preventing Congress from being pressed too soon for payment for the articles taken from the magazines and arsenals of the King. As to the contract made with Roderique Hortalez & Co, the Ministry has declared to the American deputies, who asked their advice, upon the ratification or rejection of this contract, that they did not know the house of Roderique Hortalez & Co. and that they could not answer for it, nor express an opinion as to its stability and fidelity in the performance of its engagements.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, February 9th, 1779.

Sir,

The undersigned, Minister Plenipotentiary of France, has received a formal order from the King, his master, to make known to Congress, that the King of Spain, in order to put an end to the tergiversations of England, has determined upon a decisive and peremptory proceeding. His Catholic Majesty has, consequently, made to the King of England a final offer of his mediation; but with the declaration that it was the last, and that if it was as fruitless as those which preceded, it would only remain to him to perform the duties, which his alliance with the King imposes upon him.

The King of Spain, by taking this proceeding upon himself in a friendly manner, has shown a disposition most favorable to the alliance. The King, my master, on his side, persists in the invariable resolution not to separate his interests from those of America, and to support the cause of the United States, as if it were his own personal cause.

His Majesty thinks, while fulfilling the duties of the alliance by this confidential communication, that he ought to invite and urge Congress to furnish immediately with the necessary powers and instructions the person or persons whom they shall think proper to authorise to assist in the deliberations, and in the conclusion and signing of the treaty. His Majesty trusts that Congress will perceive the inestimable value of time in a juncture so critical and so important; and that the injuries caused by any delay would be irreparable both to the alliance and the allies. In complying with the invitations of the King, the United States would regard equally their dignity and their interests. The place of the negotiation is fixed at Madrid.

His Majesty, while engaging in everything that can hasten the happy moment in which America can enjoy, peaceably, internal and external prosperity, which is the object of the revolution and the limit of his Majesty's wishes, has instructed the undersigned to suggest to Congress, that at a time in which they are employed in fixing their political existence, it seems to belong to their foresight to consider the sentiments of the States as to the peace in relation to Spain, and they will perhaps think, that the means of preventing all future discontents merits their attention, and ought to be one of the subjects of the positive and definite instructions, which the States will give for the conclusion of the peace.

GERARD.

_February 13th._ The President was directed to inform the Minister, that Congress will take the subject of his memorials of the 9th into immediate consideration, and that if he wishes to communicate anything farther to them, Congress will receive the same from him in a private audience. And it was at the same time resolved, that all private audiences given to foreign Ministers be held in a committee of the whole.

_February 15th._ The President acquainted the House, that pursuant to their order, he had informed the Minister of France, that Congress will take his memorials of the 9th into immediate consideration, and that if he wishes to communicate anything farther to them, Congress will receive the same in a private audience; that the Minister wished to make further communications to Congress, and would attend the House at twelve o'clock this day.