Chapter D: Hartley (4)

The Minister, agreeably to his appointment, was introduced, and had a free conference with Congress, in which he represented the present state of affairs in Europe, the dispositions of the Spanish Court, and the measures it was about to take in order to restore peace; from thence he took occasion to press upon Congress the necessity of having a Minister in Europe properly empowered and instructed. He further signified, that it was the desire of his Most Christian Majesty, that the United States would speedily put themselves in a condition to take that part in the negotiation for peace apparently about to take place, which their dignity and interest required; and that they should lay a solid foundation for obtaining a speedy peace agreeably to the terms of the treaty, by giving their Plenipotentiary the most ample instructions and full powers. This he enforced by sundry arguments, and pressed the utmost despatch.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, March 14th, 1779.

Sir,

The Minister Plenipotentiary of France, undersigned, does not doubt that the committee, charged on the part of Congress to persuade the undersigned to keep the rate of exchange at nine hundred per cent, in order to stop the farther depreciation which circumstances threatened, has reported the answer which the said Minister gave on this subject; but as the undersigned is still ignorant of the manner in which Congress has received this answer, he is the more desirous of being informed of it, as he must give an account to his Court of the success of the course which he has adopted, and as the agent of the royal navy has, till this time, confined himself to the rule proposed on the part of Congress, without any return to the interests of his Majesty.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, March 16th, 1779.

Sir,

The Minister Plenipotentiary of France, being about to send M. de Maulcon to New York to effect the exchange of the French prisoners, who are detained there, takes the liberty to request the Congress of the United States of America to have the goodness to allow them the same facilities as heretofore, by charging their Commissioners to receive them on their landing at Elizabethtown and New London, and from thence as far as Philadelphia or Boston, and to give them, at the expense of his Most Christian Majesty, the same treatment which American prisoners receive.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, March 17th, 1779.

Sir,

The Minister Plenipotentiary of France has the honor to remind the Congress of the United States of North America, that in executing for five months the instructions with which he has been charged by the King, his master, in relation to the present state of affairs, the undersigned has expressed his Majesty's desire, that the United States should quickly put themselves in a situation to take, in the negotiation for peace which seems on the point of taking place, the part which their dignity and their interests require, and that they should lay firm foundations for obtaining a speedy pacification conformable to the terms of the alliance, by giving to their Plenipotentiary instructions the most ample, and powers the most extensive. It is, in fact, impossible to be too economical of time, when a correspondence is carried on at so great a distance, upon a business so important and so liable to be changed by many incidents impossible to be foreseen. These observations have still greater force, when the opening of the campaign is approaching, and when the greatest celerity alone can anticipate the moment of it. Every day's delay increases the obstacles to the success of the advantageous plans, which the King has communicated to the United States. To prolong the deliberation upon peace may be to reject it. His Majesty, who thinks that he has deserved the confidence of the United States, believes, moreover, that he has a right, after the assurances which Congress have so often repeated with regard to the uniformity of sentiments on the subject of his alliance with the United States, to hope that this subject will be treated with the promptness which the juncture requires.

The indulgence with which Congress has received the reflections of the undersigned authorises him to submit these to their wisdom and prudence. He adds, that there may be reason to fear that longer delays may give rise to suspicions, and authorise the assertions which have been made in Europe, respecting a division of opinions and sentiments prevailing in Congress, and strengthen the hope which the enemy continues to entertain of fomenting this domestic discord, and at the same time of exciting distrust between the allies by pretending to treat with each of the States singly, in order to take them separately in the snare of their credulity, and to deprive them of the mutual support which they derive from their union. It is, moreover, well known, that the preliminary condition of the Court of London to the United States would be to renounce the alliance formed with France, to form an offensive coalition, and to restrain the commerce of America. The undersigned is very far from believing, that the wisdom and rectitude of Congress do not protect them from the effects of this insidious policy; but their glory and interests seem to require, that they should prevent the farther establishment of an opinion, which, more than anything else, will contribute to support the false expectation and the obstinacy of the common enemy.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, March 31st, 1779.

Sir,

I have the honor to inform you, that the season proper for my departure for France is coming on, and I take the liberty to request you to persuade Congress to hasten the time of it as much as possible. Even if my health did not require this voyage, circumstances would have induced me to undertake it, because I perceive how important it is for the common cause, that in the present situation of affairs, those men alone, who are informed of the actual state of things and opinions in America, and who enjoy an unlimited confidence, should be employed in this negotiation.

Besides, Sir, as I must presume from the wisdom of Congress, that they have made the same reflections, that they have fixed, or will fix the choice of their Minister or Ministers Plenipotentiary, in consequence of what they must also have felt, that the only way of proceeding is to choose persons, who should enjoy the fullest confidence of the allied or friendly Courts, and to furnish them with the fullest and most extensive powers. In this case it will, in my opinion, be proper that I should depart with one or more of your Ministers, and it is an additional motive for urging this whole arrangement, with which your own interest inspires me, by increasing my eagerness to go where I shall think myself happy to announce, that union and unanimity prevail in America.

Moreover, Sir, I request you to inform me in what manner Congress will judge proper that I should take my leave, with regard to the secrecy, which I endeavor to keep as to my speedy departure. I also flatter myself, that if they shall think proper to give me any commission, they will rely upon my carrying into France the same zeal for the interests of the United States and of the common cause, of which I have sought to give proofs during my residence in America.

I have the honor to be, with respect and esteem, Sir, your most obedient humble servant,

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Mount Pleasant, April 6th, 1779.

Sir,

I have the honor of sending you the abstract of news, which I have just received from Martinique. It is not very interesting, but it will at least make known the present state of things. I send at the same time a paper relative to a financial operation, which has been performed in France. I request you to send it back to me again, and to accept the sentiments of respect with which I have the honor to be, Sir, &c.

GERARD.

* * * * *

_Abstract of several Letters, dated Martinique, February 25th._

"The King's vessels, Robuste of seventyfour guns, commanded by the Count de Grasse, commander of the squadron; Magnifique of seventyfour, by M. de Branche; Dauphin Royal of seventy, by M. de Mitton; and Vengeur of sixtyfour, by M. de Retz, having sailed from Brest the 14th of January, arrived at Fort Royal the 20th of this month. They had on board the second field regiment, eight hundred and fifty recruits, and a company of miners."

_March 6th._ "We learn that Admiral Byron has on his part also received a reinforcement, but we do not know the force of it. He has not yet undertaken any operation. He has only twice sailed out with some ships, but he returned the day after. It is true, that he has not troops enough to make conquests and to preserve them. Sickness continues to make great ravages among those that are at St Lucia."

_March 9th._ "The convoy from France, so much wished for, has just arrived, attended by many vessels.

"The islands of St Martin and St Bartholomew, which the English had taken from us, have just been retaken without much exertion by three of our frigates, and an end put to the triumph, which our enemies had reaped from this easy conquest.

"M. de Kersin, the lieutenant of the ship, took two prizes last week; one a merchant store-ship called Eliza, armed with twentyeight twelve pounders. Her crew consisted of one hundred and forty men, and her cargo of provisions and sails, to the value of twentyfive thousand livres. The store-ship was sheathed with copper. The other is a privateer of eighteen guns, and with a crew of seventysix men. Some American privateers have sent here two prizes coming from Halifax, loaded with fish and boards. The Minerva has also carried to Cape Francois another English frigate of twentyfour guns. The ability of the captain saved her from the danger of being taken by a ship of war and three frigates, by which she had been surprised in a calm."

_Baltimore, April 2d._ "The captain of a sloop, which has arrived in twentytwo days from Martinique, reports that sickness had made dreadful ravages in the English army and fleet at St Lucia, that the two squadrons are supposed to be nearly equal in force, that the French frigates, are constantly at sea, often engaging with the English, that one of the former has taken the frigate Liverpool of twentysix guns, that in other respects, the situation of the French is entirely satisfactory to them, and that they appear to be unconcerned with regard to the success of the operations, which Admiral Byron intends to undertake."

_Martinique, March 14th._ "We learn from France, that news has been received by Portuguese vessels returned from India, that the English commenced hostilities against the French in the month of April. A ship of war and a frigate attacked at that time the Brilliant, of seventyfour guns, commanded by M. de Tronjoly, who repelled the attack. We learn also, that they are making great exertions for the repair and arming of a force of fortyfive privateers, which the royal navy has taken from the English, and that the greater part of these vessels will in a short time be ready to sail."

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, April 24th, 1779.

Sir,

Although the undersigned is not invested with any power on the part of his Catholic Majesty, he hopes that the Congress of the United States of North America, knowing the closeness of the union subsisting between his Catholic and his Most Christian Majesty, will not be surprised if the Minister of France has the honor to submit to them the representations, which two captains of Spanish vessels have made to Don Juan de Mirales. The facts on which these representations rest are contained in the annexed memorial, being taken from the letters of the captains. In a short time, the proceedings, and the act of appeal relating to one of the Spanish ships, whose cargo has been confiscated, will be laid before Congress, as well as the papers relating to the second ship, if this suffers the same fate; in order to implore the justice of Congress. Meanwhile it has been thought proper to communicate the facts to Congress, in order that they may be pleased previously to examine this affair, on which we are persuaded that they will be pleased to bestow the greater attention, as it involves the observance of a law generally adopted by commercial nations, for the maintenance of the public security upon the sea, as well as of the right of neutrality, which affects the interests of the United States, as much and more than those of any other nation, and in order not to give just cause of discontent to a power like Spain, by violating the immunity and dignity of her flag, and by depriving her subjects of their property without cause or pretext.

GERARD.

* * * * *

_Memorial respecting two Spanish Vessels._

Translation.

Memorial or relation of the injury sustained by two Captains of Spanish merchantmen, which had sailed, the one from the river of London, loaded with merchandise for Cadiz, on the account and at the risk of Spanish merchants; and the other from the port of Cadiz, loaded with wines, fruits, cochineal, and other articles, of the growth of the Spanish territory, belonging also to Spaniards, bound for London. These two vessels were stopped by two different privateers, carrying the flag of the United States of America, and brought the one to Newbury and the other to Beverly, and then on the demand of the owners of the privateer, the cargo of one of them was declared a lawful prize at Boston, the 28th of last March. They were on the point of passing sentence on the other at the same place, and not doubting that it will suffer the same fate as the first, according to the letters written by the said Captains from the said port of Boston to Don Juan de Mirales, one of which is without date, and the other bearing date of the 3d of this month, he has the honor to impart their contents to his Excellency M. Gerard, Minister Plenipotentiary of the Court of France to the United States of America, requesting him to have the goodness to lay the information before the honorable Congress of the said States, in order to obtain all the satisfaction due to the honor of the flag of his Catholic Majesty, his master, in conformity to the tenor of Articles 14th, 15th, 25th, and 26th, of the treaty of alliance and commerce, between his Most Christian Majesty and the said States of America, signed the 6th of February, 1778. He asks also for the punishment of the infringers of the treaty, or captors, and requests that the Judges may be punished, who have unjustly condemned and sentenced as a lawful prize the said cargo; and provided that the other vessel has met with the same fate, to sentence them to the payment of all the indemnities, expenses, damages, and losses, resulting from the injury sustained by the said vessels, and the interruption of their voyages, besides the injury which this occasions to the proprietors of the same; and this, seeing that at the time in which they were stopped, his Majesty the King of Spain was at peace with all the powers of Europe, and consequently had no enemy to fear; whereas it is possible that since that time, the state of peace between the Court of Spain and other powers may have changed, or will change, before the said Spanish vessels can perform the voyages for which they were designed; and also the decay of the vessels and of the merchandise with which they were loaded, and the great risk offered by a voyage from this continent to any European port, &c. &c. _to wit_;

Captain Joseph Llanos, by his letter without date, (although there can be no doubt that it comes from Boston) says, that he sailed from London with his vessel, (without mentioning its name) belonging to Don Philip Aguixxe de San Fadder, loaded with merchandise for Cadiz, amounting to nearly two hundred thousand current piastres, and that in the course of his voyage he was stopped by a privateer schooner of Newbury, called the Success, Felix Trask Captain, belonging to Nathaniel Tracy of said Newbury, and forcibly brought to this place, notwithstanding, that he assured the said Captain Tracy, that the cargo belonged entirely to Spaniards, and that he was convinced of it by the bills of laden found on board, notwithstanding which, that the said cargo has been sentenced as a lawful prize, although the papers exhibit no fraud; as will be seen by the process, which is copied in order to be presented to the honorable Congress, to which appeal is made.

The Captains claim the protection of the honorable Congress, that of his Excellency M. Gerard, and that of Don Juan de Miralles; the navigation of the Spanish being very much injured by the privateers of this continent, there being three vessels belonging to this nation in the same situation as the above, brought in by different privateers. These three vessels also propose to appeal to the honorable Congress, and are resolved to defend the rights of the Spanish.

Captain Joachin Garcia de Luca, commander of a Spanish ship with three masts, her crew Spanish, says, in his letter dated at Boston, the 3d of the present month, that he sailed from Cadiz for London, loaded with wines, oils, cochineal, and fruits, on the account and at the risk of Spaniards, and that he was stopped, on the 21st of December, 1778, when pursuing his voyage, by a privateer frigate, with the flag of the United States of America, which brought him to Beverly; that having learned that the owners of the said privateer were desirous, that the cargo of the Spanish vessel should be confiscated, he went to Boston, where the court of justice sits, before which he appeared on the 2d of the current month, not knowing at that time, but he should meet with the same fate, which his friend Don Joseph de Llanos has suffered with regard to his cargo, which was condemned on the 28th of last March.

I, Don Juan de Miralles, truly certify, that the above was extracted from the letters which the Spanish Captains, Don Joseph de Llanos and Joachin Garcia de Luca, wrote to me, and which I received on the 19th current, at eight o'clock in the evening.

DON JUAN DE MIRALLES.

_Philadelphia, April 21, 1778._

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 3d, 1779.

Sir,

The Minister Plenipotentiary of France has learnt, by despatches from his Court under date of the 25th of December, that the negotiation, which has been the subject of the overtures which the said Minister has had the honor to make to the Congress of the United States of North America for nearly three months, continues, and that his said Court earnestly desires, that Congress would be pleased to take prompt measures to take part in the said negotiation, as soon as circumstances shall have brought it to its proper state of advancement, which may happen at any moment.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

May 4th, 1779.

"The Minister of France delivered to the President a letter from the King of France, with the following note."

The custom in Holland, for sending to the States-General the letters by which the King notifies them of marriages or births, is to give them to the President of the week, who then goes to the house of the Ambassador, or Minister of the King, to compliment him in the name of the States-General, upon the event which forms the subject of the letters of notification.

GERARD.

* * * * *

FROM THE KING OF FRANCE TO CONGRESS.

Translation.

Very dear, and great Friends and Allies,

We do not delay informing you of the birth of the Princess, to whom the Queen, our very dear consort, has just happily given birth. Our confidence in your friendship does not permit us to doubt your interest in this event, nor your participation in the satisfaction which we derive from this first fruit of the divine blessing on our marriage.

The interest that we take in the prosperity of your Republic is our warrant for the pleasure, which we have in repeating to you the assurances of our esteem, and of our constant affection. Moreover, we pray God, that he may keep you, very dear and great friends and allies, under his holy and worthy protection.

LOUIS.

Written at Versailles, December 19th, 1778.

"This letter being read, the President, with a committee consisting of one member from each State, was immediately to wait upon the Minister, and in the name of the United States to congratulate him upon the birth of the Princess. A committee was also appointed to prepare the draft of an answer to his Majesty's letter."

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 6th, 1779.

Sir,

The anxiety of the undersigned, Minister Plenipotentiary of France, for the maintenance of the most perfect harmony, and the care which he has been in the habit of taking from the commencement of the alliance to establish such a confidence, as can alone maintain it and conduce to its prosperity, do not allow him to conceal from the Congress of the United States the perplexity under which he labors, with regard to informing his Court of the delays which the negotiation, commenced in the month of February last, meets with. It must be allowed, that no affair so important and so pressing ever experienced so much delay, and the undersigned declares, that he can see no reason for warning France and Spain against the sinister interpretations, with which attempts are made to inspire them in regard to this conduct. The zeal and the good will of the petitioner do not suggest to him any other expedient, than that of requesting Congress to approve of his having the honor of imparting to them, as he now does, his perplexity and embarrassment.

He adds, that the Court of France has received intelligences, that England was resolved to send a considerable reinforcement of troops to the continent of North America, and to carry on the war there with all possible vigor, in order to proceed to the conquest of America at the same time by force and by intrigue. The King, in consequence of his attention to whatever may concern the security and the happiness of his allies, has ordered his Minister Plenipotentiary to communicate this intelligence to the Congress of the United States. The undersigned has the honor to perform this commission by the present note. He believes that he should add, that his Majesty, adhering scrupulously to the spirit and principles of the alliance, which has the independence of the United States as an essential object, is always resolved to assist America by all the means, that the resources of his kingdom, and the general state of affairs, will permit him successively to devote to this grand object, without being turned from it by the idea of any conquest for himself.

It is in consequence of these same dispositions and of this same disinterestedness, that his Majesty, although he has made no engagement to furnish supplies of money to the United States, and although the active and direct war which he is carrying on against the common enemy absorbs his resources, and ought to exempt him from all accessory and entirely voluntary expenses, is desirous to contribute to the re-establishment of the American finances, so far as his own necessities allow him to do so. He has thought that he should partly fulfil this object, by securing the payment of the interest on the loans, which have been stipulated to be paid in France, presuming that the credit of one of the public funds of the States would effectually contribute to the support of the others, and to the success of the measures, which the wisdom of Congress may adopt on this subject. A society of bankers, established under the authority of the King, has consequently taken upon itself to make the necessary advances, in the form of a loan made to America. The undersigned has not yet received the exact details of this arrangement, but he will have the honor of communicating them, so soon as he shall receive them.

The confidence which the King places in the reciprocal attachment of the United States of America to the alliance, can alone induce him to determine upon proceedings, which are useful only to America, burdensome to France, and destitute of all advantage for her. His Majesty hopes to receive reciprocal proofs of these sentiments and feelings, but he neither demands nor expects anything for himself on the part of Congress. He only desires, that the States should employ all the resources at their disposal, in order to provide for their own security and tranquillity.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 9th, 1779.

Sir,

The Minister Plenipotentiary of France, having thought it his duty to take upon himself to inform the Count d'Estaing of the desire, which Congress had expressed to him, that the King's squadron should come to the assistance of Georgia, this Vice-Admiral has just replied, that the superiority of the enemy in the Islands had not till this time, permitted him to leave those latitudes; but that in consequence of the intentions of his Majesty, which are, to grant to the United States, his allies, all the assistance compatible with the security of his own possessions, and with the general position of affairs, he proposes to sail immediately to the Southern coasts of the States, and to exert himself for the deliverance of Georgia, and the preservation of the Carolinas. From thence the King's squadron will sail to the mouth of the Delaware, and its further operations will depend upon the agreement that shall be made between Congress and the commander of his Majesty's forces, and will be calculated for the greatest advantage of the United States.

The undersigned has no doubt, that this new proof of his Majesty's generous and disinterested friendship strengthens the confidence, with which these engagements and his conduct must have inspired the governments and people of America. Facts so evident will serve, on the other hand, to confound those ill-disposed men, who, by silent and clandestine insinuations, destitute of all proof, and of all probability, directed solely by private views, and evidently opposed to the honor and interest of the confederated Republic, seek to sow distrusts and jealousies, of which the common enemy alone can reap the advantage.

The undersigned must add to the details above given, that it is impossible for the Count d'Estaing to carry provisions from Martinique sufficient for the campaign, which he proposes to make in the seas of North America. He hopes that Congress will be pleased to give the most precise and effectual orders for their being got in readiness and placed on the coast, so that the squadron may easily take them on board. The undersigned Minister, hopes that Congress will be pleased to inform him successively of what shall be done on this subject, since the said Minister must be personally responsible for these measures, the failure of which would expose to the greatest misfortunes the forces, which the King has destined to bring direct and immediate assistance to the United States, although his engagements, which he will always scrupulously fulfil, do not impose this duty on him.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 9th, 1779.

Sir,

When the Congress of the United States did me the honor to ask my concurrence in inducing the Count d'Estaing to assist Georgia, I asserted, that this Vice-Admiral, in conformity with the intentions of the King, would do all that circumstances should permit. I proposed at the same time the means of proceeding to the execution of this plan; but Congress observed an entire silence, and did not deign to inform me of their resolution. It was only through a public channel, that I learned that the plan was abandoned; but my zeal having led me to write previously to the Count d'Estaing, and having received the answer of this Vice-Admiral, I do not think, Sir, that the interest of the alliance and of the United States allows me to act according to the presumed negative resolution of Congress, and I request you consequently to submit to that body the annexed Memorial.[25]

I have the honor to be, with the highest esteem, Sir, your humble and most obedient servant.

GERARD.

FOOTNOTE:

[25] This Memorial is missing.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 19th, 1789.

Sir,

I take the liberty of addressing to you a note of Don Juan de Miralles, concerning the Spanish ships carried into New England, and beg you to lay it before Congress, and to represent to them, that there is reason to fear, if the appeal which the council of Boston has reserved to itself should be decided before any measures be taken by Congress, the ships and merchandise will be sold, to the irreparable loss of the Spaniards.

I have the honor to be, with sentiments of the greatest respect, Sir, your most obedient humble servant.

GERARD.

* * * * *

MEMORIAL.

Translation.

Don Juan de Miralles, who, under date of the 21st of April last, had the honor to present a Memorial to his Excellency M. Gerard, Minister Plenipotentiary of the Court of France to the United States of America, to inform him of the proceedings of different privateers, with the flag of the said United States, against three vessels lawfully provided with the Spanish flag, which had sailed, one of them from London for Cadiz, and the two others from Cadiz for England, loaded with merchandise belonging, as well as the said vessels, to subjects of his Catholic Majesty, his master, which have been carried into different ports of New England, under the jurisdiction of the Province of Massachusetts, and that the respective indictments have been drawn against them before the Court of Admiralty of the city of Boston, where the cargo of one of the said vessels which sailed from London has been condemned, to the profit of the owners and crew of the privateer which captured her; another of the said vessels, which sailed from Cadiz, has also been condemned, and there is no doubt that the third has suffered or will suffer the same fate.

Don Joseph de Llanos, Captain of the vessel which sailed from London, and Don Joachin Garcia de Luca, of the other which sailed from Cadiz, which, as has been said, have been condemned, have sent me an express, with copies of the said proceedings, which I have had the honor, in concurrence with the said M. Gerard, and in his presence, to deliver to his Excellency the President of the Honorable Congress, who was so kind as to receive them, and to offer to lay them before the Honorable Congress, in order that it may take into consideration an affair of so great consequence, and be pleased to order what is just, as well as it regards the interest of the proprietors of the vessels and cargoes, as the honor due to every neutral flag, and particularly to that of his Catholic Majesty.

Having learnt, that considering that the said court of Boston has not agreed to grant to the said condemned Captains the appeal, which they have made from their sentences to the said Honorable Congress, and which has only been referred to the Supreme Court of the said Province of Massachusetts, they are to judge the said indictment definitively, in the last resort, and that there is no doubt that the first sentences pronounced by the Court of Admiralty of Boston will be confirmed; the said Don Juan de Miralles earnestly requests his Excellency, the said M. Gerard, that he would be pleased to interpose his influence and his mediation with the said Honorable Congress, in order that it may have the goodness to pass a resolution ordering the said Supreme Court of Massachusetts, and every other tribunal, to suspend every proceeding and determination with regard to the aforesaid three Spanish vessels and their cargoes, until the said Honorable Congress shall have decided definitively on this affair, and that this may be done soon, so that the order, which it may be pleased to give, may arrive at Boston before the said 5th of June next, which is the time at which the said causes are to be judged definitively and in the last resort.

JUAN DE MIRALLES.

_Philadelphia, May 18, 1779._

* * *

The foregoing letter from the Minister of France, together with that of Don Juan de Miralles, was referred to Mr Burke, Mr Duane, and Mr Lovell, who on the 22d delivered in a report, and thereupon Congress passed the following resolution.

Resolved, That the resolutions of Congress passed the 6th day of March last, relative to the control of Congress, by appeal in the last resort, over all jurisdictions for deciding the legality of captures on the high seas, be immediately transmitted to the several States, and that they be respectively requested to take effectual measures for conforming therewith.

Resolved, That the following letter be written to the Minister Plenipotentiary of France, and signed by the President.

"Sir,

"Congress having taken into consideration your letter of the 19th of this month, I am directed to assure you, that as soon as the matter shall in due course come before them, they will attend very particularly to the cases of the vessels, stated in the note from Don Juan de Miralles, to have been sailing under the flag of his Catholic Majesty, and captured by armed vessels under the flag of the United States, and that they will cause the law of nations to be most strictly observed; that if it shall be found after due trial, that the owners of the captured vessels have suffered damage from the misapprehension or violation of _the rights of war_ and _neutrality_, Congress will cause reparation to be made, in such a manner as to do ample justice, and vindicate the honor of the Spanish flag. That Congress have every possible disposition to cultivate the most perfect harmony with his Catholic Majesty, and to encourage the most liberal and friendly intercourse between his subjects and the citizens of these United States.

"But they cannot consistently with the powers intrusted to them, and the rights of the States and of individuals, in any case suspend or interrupt the ordinary course of justice."

* * * * *

TO THE PRESIDENT OF CONGRESS,

Translation.

Philadelphia, May 22d, 1779.

Sir,

The Minister Plenipotentiary of France, not having been hitherto informed by Congress of the result of their deliberations upon the important overtures, which have formed for more than three months the constant subject of his representations, has reason to presume, that the resolutions relative to them have not yet been passed. Delays, so long and so unnatural, in a matter so clear, and in a juncture which requires so much celerity, and which so essentially concerns the United States, have rendered the undersigned apprehensive lest some doubt had arisen, either as to the main point of the matter, or as to the manner of proceeding, or as to the dispositions and views of the King; and as the said Minister is instructed to conceal from Congress nothing that can be useful to the interests of the United States, he asks permission to submit to them the summary of the most essential things, which seemed to him to deserve attention in the further course of its deliberations.

It is well known, that the direct and essential object of the alliance, which subsists between his Most Christian Majesty and the United States, is to _maintain effectually the liberty, the sovereignty, and the independence, absolute and unlimited, of the said States, as well with respect to government as to commerce_, and consequently, the territorial rights belonging to sovereignty. To this object all the efforts and proceedings of the King are constantly tending. It is in order to attain it, and to procure for the people of America the power of this valuable independence, and the cessation of the evils and dangers under which an active and obstinate war makes them groan, that his Majesty has undertaken a difficult and expensive war against England, without any view of personal interest, and even with the refusal of the advantages which the United States appeared ready to grant him. He has already given brilliant proofs, that his friendship does not confine itself to the mere fulfilment of his engagements. He is in fact disposed to give to the United States all the assistance compatible with the situation of his own affairs, and with the general state of things, and he regards the interests of the United States as his own, in everything that relates to the object of the alliance, and that is conformable to the invariable principles on which his reciprocal connexions with the United States are founded. It is in consequence of his attention to execute literally the treaty of alliance, that he has not lost a moment in informing Congress of the overtures relative to the projected pacification, in entreating them to take without delay that part in this negotiation, which the dignity and interests of the United States require. He has moreover repeated to Congress the promise, that he would not treat with the common enemy, without making it a primary and essential condition, that the independence of the United States should be acknowledged, conformably to the stipulations of the treaty of alliance. His Majesty has at the same time ordered his Minister Plenipotentiary to lay before Congress some considerations relative to the state of affairs, and particularly to observe to them, that the alliance, unless victorious, cannot dictate terms to the common enemy. The undersigned has executed these orders either verbally or in writing.

It is evident then, that his Majesty desires only the tranquillity and prosperity of America, upon the foundation of an honorable and firm peace, conformable to the stipulations of the treaty of alliance. He rejects every idea of conquest and acquisition of territory for himself. In order promptly to attain this advantageous object, and to fulfil his engagements, he is disposed to carry on the war with vigor, if the common enemy refuses the pacific system, which his Majesty has announced to the whole world, and which the United States adopted on signing the alliance. But in case that the perseverance of the Court of London in the desire to subdue, or to conquer America, should prolong the calamities of the war, his Majesty will consider himself at liberty to concert with the United States all the further measures adapted to this new order of things, and conformably to the mutual interests of the allies and of the common cause. It is thus that the King fulfils, and proposes to fulfil, the duties resulting from Articles 1st and 8th of the treaty of alliance, by urging on one side the United States to participate in the negotiation, which can conduct to the conclusion of a truce and of a peace, by making common cause with the said States, and on the other side, by enabling the two allies mutually to assist each other by their good offices, their councils, and their forces, as circumstances may require; in fine, by showing his perseverance, conformably to Article 8th, in the resolution not to lay down arms till independence shall have been formally or tacitly acknowledged. But as this last stipulation limits his Majesty's engagements on this subject to the very time of this acknowledgment, if England immediately agrees to this essential condition, his Most Christian Majesty will have fulfilled all his positive and direct engagements in relation to the conclusion of peace.

It follows from these observations,

1st. That the King has engaged to procure for the United States, by means of arms, the acknowledgment of their independence, and that his Majesty is faithful to fulfil this obligation, and even disposed to lend them assistance, to which he is not obliged by the treaty.

2dly. That he has made no other engagements than those expressed in the stipulations of the treaty.

3dly. That the United States have neither title nor right to require anything more, and that if they wish to persuade him to further engagements, it can only be voluntary on his part, and by uniting _reciprocal counsels_, conformably to the expression of Article 1st of the treaty, and as is proper for _good and faithful allies_. Even in this case, it is impossible to foresee the state of things and minds in Europe, or to judge what measures the important care of maintaining his reputation, and the system of equity and moderation, which he has made the fundamental principle of his reign, may require on his Majesty's part. These considerations seem particularly due to an ally, when he has contracted gratuitous obligations without any reciprocal advantages.

4thly. By uniting the expressions of Articles 11th and 12th, it will be seen, that the success of the war being alone able to fix the fate of empires, it has been found impossible on concluding the treaty of alliance to determine the possessions that the United States may obtain on making peace; that consequently, the engagement of France can only be conditional and eventual on this subject; that she is not now held to any particular engagement, in relation to these possessions, whether real or pretended; and that this obligation will not commence till the time in which the possessions of the United States shall be fixed by the cessation of the war.

5thly. In fine, it is indispensable to add to these considerations, that when any doubt arises as to the expressions, the extent and the application of the stipulations of a treaty, the laws of reason, and of universal justice, as well as the rules of a good and faithful alliance, decide, that an ally has no right to interpret it arbitrarily and partially; that the attempt would at the same time offend the dignity, and destroy the confidence of his ally; that neither of them can in fact arrogate to himself the superiority in connexions, which ought to be equal and reciprocal; that it is only by a friendly explanation, by a formal agreement, that these doubts can be removed, and the exact meaning of treaties determined; that in short, this method would become still more indispensable, if it should happen, that the pretensions of one of the parties were founded only upon farfetched inductions, subject to discussion and contradiction, and would tend to alter the essential and fundamental system of an alliance.

The Minister Plenipotentiary of France is fully confident, that the Congress of the United States, knowing the laws of proceedings, and the respect which Sovereigns mutually owe to each other, will observe them in their conduct towards his Most Christian Majesty; but the important, critical, and pressing juncture, in which the affairs of the alliance stand at the present moment, imposes on the undersigned Minister the sacred duty of contributing, as much as lies in his power, to hasten the resolutions of Congress, to prevent all mistakes and every subject of misunderstanding, to preserve the most perfect harmony and uniformity of views and sentiments, concerning the accomplishment of the advantageous stipulations of the alliance, and thus to deceive the expectation of the common enemy, who henceforth founds his principal hopes on the divisions, which he is intent upon fomenting. In fine, one of the objects of this Memorial is, to prove, solemnly, the faithful and friendly conduct of the King in this juncture, his Majesty hoping, that the knowledge of this conduct will confirm the governments and people of America in the sentiments of confidence, which the proceedings of his said Majesty have already inspired. It is only by thus placing before the eyes of Congress the indubitable principles expressed above, that the Minister Plenipotentiary of France thought that he could fulfil his duties to the King, his master, and to the alliance, and protect from all reproach his zeal for the common cause between France and America.

If he has deceived himself in his conjectures, as to the immediate and apparent utility of his mode of proceeding, he begs Congress to accept his excuses for having consumed time of so much value, and he flatters himself, that knowing his attachment to the alliance, and to the United States, it will attribute his conduct to these sentiments alone.

GERARD.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 24th, 1779.

Sir,

I avail myself of the first respite, which my sickness allows me, to congratulate you as well as Congress upon the resolution, which I am assured they have taken, in relation to their finances. The execution of the system, which appeared connected with this first operation of a tax, will show to your friends and your enemies the extent of your resources, your firmness, and your ability to make a suitable and efficacious use of them. The eagerness with which the people seemed to expect an arrangement of this kind, gives beforehand the proof of their favorable dispositions and of their good will. This state of things, Sir, cannot but strengthen the very friendly intentions of the King, my master, by the confidence with which your own efforts, and the displaying of the resources of America, will inspire him in your dispositions. It will only remain for you to show vigor in your military operations, in order to destroy the hope entertained by the common enemy, of conquering America; then everything will inspire us with the hope of soon seeing the happy day dawn, in which America will enjoy independence, together with the advantages and delights of peace. Congress has received all the possible assurances of the King's, my master's, desire to hasten that moment, and he is convinced, that Congress will place no obstacle in the way.

I have the honor to be, with respectful esteem, Sir, your humble and most obedient servant.

GERARD.

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_May 24th._ Information being given to Congress of some outrages and wanton barbarities, committed on subjects of France by the enemy, on their landing in Virginia, the following resolutions were passed.

Whereas it has been represented to Congress, that the enemy at the time of, and since their landing in Virginia, have perpetrated the most unnecessary, wanton, and outrageous barbarities, on divers of the citizens of that State, as well as on several of the subjects of his Most Christian Majesty residing therein, deliberately putting many of them to death in cool blood, after they had surrendered, abusing women, and desolating the country with fire,

Resolved, That the Governor of Virginia, be requested to cause diligent inquiry to be made into the truth of the above representations, and to transmit to Congress the evidence he may collect on the subject.

Resolved, That Congress will retaliate for cruelties and violations of the laws of nations committed in these States, against the subjects of his Most Christian Majesty, in like manner and measure as if committed against citizens of the said States, and that the protection of Congress shall be on all occasions equally extended to both.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 25th, 1779.

Sir,

I have received with the most lively satisfaction the letter with which you honored me on the 24th of this month, as well as the resolutions of Congress of the same date, which accompanied it, and which relate to the atrocious actions committed by the enemy's troops in Virginia, which violate equally the laws of war established between civilized nations, and the first principles of humanity, and attack the foundations of all human society.

The whole world cannot but be convinced of the justice of the necessary measures to which the conduct of the common enemy compels Congress to have recourse, in order if possible to put an end to such horrible excesses.

I must confine myself here, Sir, to requesting you to place before Congress this assurance of the sensibility with which the King, my master, and the whole French nation will receive the strong proof of friendship, union, and identity of feelings and interests, which the United States give in declaring, that they will make no distinction, in this respect, between their own subjects and those of their ally. This will give the common enemy a new evidence of the inviolability of the alliance which unites the two nations, and will afford the French, who have already given so many proofs of their individual attachment to the sentiments of the alliance, and of their zeal for the United States, a new motive of encouragement. By thus increasing more and more the connexions and the mutual confidence, the means of braving the effects of the ambition and the revenge of the common enemy will be increased.

I have the honor to be, with respect and esteem, Sir, your most humble and obedient servant.

GERARD.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, May 27th, 1779.

Sir,

The Minister Plenipotentiary of France, in consequence of the sentiment and the views, which have prompted his previous representations, has the honor to observe to the representatives of the United States of America in Congress assembled, that independently of the principal and direct interest of the confederated republic in the overtures of pacification, which the undersigned has been ordered to make to Congress, the general good of the alliance urges with all possible earnestness the hastening of the resolution of the said States. It is in fact only by enabling the Court of Spain to bring its mediation to its critical and decisive point, that it can be hoped that this power, convinced of the injustice of the views and of the ambition of England, will join the alliance, acknowledge the independence of the United States, and take an active part in the war. On the contrary, by delaying without communicating to the parties interested the motives which induce them to it, the States will be in danger of fatiguing this power, which keeps on foot the forces of the whole monarchy, principally with a view to give respectability to a mediation which appears to be neglected; they incur the risk of cooling the good will of his Catholic Majesty, and perhaps of alienating him as much by delays, as if resolutions, contrary to the system which he has appeared disposed to favor by his mediation, should give him lawful reasons for changing his conduct.

The alliance will thus be deprived of a decisive support, which the goodness of its cause, the wisdom of its conduct, and the close union subsisting between France and Spain seemed to promise it. Moreover, the suspension of the said resolutions operates equally in another point of view, in a manner the most disadvantageous for the alliance in general, and for France in particular. On the one side, in fact, the expectation of the resolutions of Congress necessarily infuses into plans and measures an uncertainty injurious to the common good, and if the Count d'Estaing does not carry into execution the plan of coming upon the American coast, it can only be attributed to this cause. On the other hand, the season is already so far advanced, that this same uncertainty, by destroying the hope of seeing Spain declare herself during the course of the present campaign, leaves France alone exposed to the efforts of the principal body of the enemy's forces.

The wisdom of Congress, and the faithful attachment which they show on every occasion, in a manner as conspicuous as it is satisfactory to the alliance, and the respect which they have always expressed for Spain, do not permit a doubt as to the attention which they will be pleased to give to considerations of such importance. The present Memorial is the last tribute that the zeal of the Minister Plenipotentiary of France will allow him to consecrate to the duty of facilitating and accelerating, as much as lies in his power, the deliberations of Congress, by suggesting considerations which might have such an influence.

GERARD.

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_June 22d._ A Memorial from the Minister Plenipotentiary of France was read, accompanied with a commission given by him to the Sieur de St Hilaire, appointing him Vice-Consul for the port of Alexandria in Virginia. Ordered, that the same be referred to the Marine Committee to take order thereon.

Another Memorial from the Minister was received and read, accompanied with two Memorials relative to violences, of which divers subjects of his Majesty complain. These were also referred to the Marine Committee.

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TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, June 21st, 1779.

Sir,