Chapter C: A. De La Luzerne (4)

I have the honor to enclose your Excellency a copy of a letter, which Lady Asgill has just wrote me. I am not known to her, nor was I acquainted that her son was the unhappy victim, destined by lot to expiate the odious crime that a formal denial of justice obliges you to revenge. Your Excellency will not read this letter without being extremely affected; it had that effect upon the King and Queen, to whom I communicated it. The goodness of their Majesties' hearts induces them to desire, that the inquietudes of an unfortunate mother may be calmed, and her tenderness reassured. I felt, Sir, that there are cases where humanity itself exacts the most extreme rigor; perhaps the one now in question may be of the number; but allowing reprisals to be just, it is not less horrid to those who are the victims; and the character of your Excellency it too well known, for me not to be persuaded that you desire nothing more than to be able to avoid the disagreeable necessity.

There is one consideration, Sir, which, though it is not decisive, may have an influence on your resolution. Captain Asgill is doubtless your prisoner, but he is among those whom the arms of the King contributed to put into your hands at Yorktown. Although this circumstance does not operate as a safeguard, it however justifies the interest I permit myself to take in this affair. If it is in your power, Sir, to consider and have regard to it, you will do what is agreeable to their Majesties; the danger of young Asgill, the tears, the despair of his mother, affect them sensibly; and they will see with pleasure the hope of consolation shine out for those unfortunate people.

In seeking to deliver Mr Asgill from the fate which threatens him, I am far from engaging you to seek another victim; the pardon, to be perfectly satisfactory, must be entire. I do not imagine it can be productive of any bad consequences. If the English General has not been able to punish the horrible crime you complain of, in so exemplary a manner as he should, there is reason to think he will take the most efficacious measures to prevent the like in future.

I sincerely wish, Sir, that my intercession may meet success; the sentiment which dictates it, and which you have not ceased to manifest on every occasion, assures me, that you will not be indifferent to the prayers and to the tears of a family, which has recourse to your clemency through me. It is rendering homage to your virtue to implore it.

I have the honor to be, with the most perfect consideration, Sir, yours, &c.

DE VERGENNES.

* * * * *

LADY ASGILL TO COUNT DE VERGENNES.

[Enclosed in the preceding.]

London, July 18th, 1782.

Sir,

If the politeness of the French Court will permit an application of a stranger, there can be no doubt but one in which all the tender feelings of an individual can be interested, will meet with a favorable reception from a nobleman whose character does honor, not only to his own country, but to human nature. The subject, Sir, on which I presume to implore your assistance, is too heart-piercing for me to dwell on; and common fame has, most probably, informed you of it; it therefore renders the painful task unnecessary.

My son, (an only son) as dear as he is brave, amiable as he is deserving to be so, only nineteen, a prisoner under the articles of capitulation of Yorktown, is now confined in America, an object of retaliation. Shall an innocent suffer for the guilty? Represent to yourself, Sir, the situation of a family under these circumstances; surrounded as I am by objects of distress, distracted with fear and grief, no words can express my feeling, or paint the scene. My husband given over by his physicians, a few hours before the news arrived, and not in a state to be informed of the misfortune; my daughter seized with a fever and delirium, raving about her brother, and without one interval of reason, save to hear heart-alleviating circumstances.

Let your feelings, Sir, suggest and plead for my inexpressible misery. A word from you, like a voice from Heaven, will save us from distraction and wretchedness. I am well informed General Washington reveres your character; say but to him you wish my son to be released, and he will restore him to his distracted family, and render him to happiness. My son's virtue and bravery will justify the deed. His honor, Sir, carried him to America. He was born to affluence, independence, and the happiest prospects. Let me again supplicate your goodness; let me respectfully implore your high influence in behalf of innocence; in the cause of justice, of humanity; that you would, Sir, despatch a letter to General Washington, from France, and favor me with a copy of it, to be sent from hence.

I am sensible of the liberty I have taken in making this request; but I am sensible, whether you comply with it or not, you will pity the distress that suggests it; your humanity will drop a tear on the fault, and efface it. I will pray that Heaven may grant you may never want the comfort it is in your power to bestow on

ASGILL.

* * * * *

TO GEORGE WASHINGTON.

Translation.

Philadelphia, August 5th, 1782.

Sir,

This letter will be handed you by M. de Cloisy, who will inform you particularly of the motives of his journey to the northward.

I address myself with freedom to your Excellency, for a service, that no one has it more in their power to render than yourself, and which is of the greatest importance to the naval army commanded by M. de Vaudreuil. It is not to be doubted, that a large naval force will arrive at New York, either from the West Indies or from Europe. It is essential that our naval commanders should have the most exact and most frequent intelligence in this respect, respecting the number of vessels, their names, their destination, the time of their arrival, of their departure, the number of troops they embark, or artillery; in fact, not a single movement can be known with too much precision. And I must request, that you will take the necessary measures to give M. de Vaudreuil regular information on all these points. It could be wished, that you would station regular expresses to facilitate the communication between you and him.

I ought to be well convinced of your goodness to take so much liberty, but the object is of such importance to the common cause, that I have no doubt of your excusing me.

If the communication between you and M. de Vaudreuil is regular and sure, you might, I should think, correspond without cypher; if not I must beg you to furnish M. de Vaudreuil with a cypher to make the matter more secure, and if your Excellency will from time to time give me the same information I shall be exceedingly obliged.

The procuring of the necessary intelligence must be attended with extraordinary expense; I must beg that your Excellency will charge some one to acquaint me of the sums necessary for the purpose, and to whom I shall pay it. These expenses being wholly for the service of our fleet, must be charged to the Department of the Marine, and I have taken the necessary measures that they may be exactly paid.

By our last accounts from France the Duc de Lauzun, and many other officers who had sailed, were obliged to put back, having met with a storm. It is supposed they may have sailed again towards the last of June.

I am, &c.

LUZERNE.

* * * * *

TO GEORGE WASHINGTON.

Translation.

Philadelphia, August 14th, 1782.

Sir,

A cartel will probably have arrived at Boston with American sailors from England. One is arrived here with two hundred and forty sailors, whom England has set at liberty. One of the Captains, with whom I have conversed, tells me that a fleet of two hundred sail was to leave Portsmouth a few days after the cartels; they were to separate into three divisions, one for Charleston, one for New York, and one for Quebec; they are to be convoyed by frigates only; and they assure me the last division is the most important, having soldiers on board, and many articles necessary for the defence of Quebec, and for the subsistence of the inhabitants.

From the different accounts I can collect, it seems to be the design of England to make a general peace, but the demands on one side and the other will render a conclusion extremely difficult, and in such a case, that power will spare nothing to effectuate a peace with the United States, and turn all her efforts against France. As to a separate peace with the United States it will not take place. I am certain that they will not make peace but in concert with France.

I am, &c.

LUZERNE.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, September 1st, 1782.

Sir,

The undersigned, Minister of France, has the honor of informing Congress, that he will transmit to his Court the resolution, by which Congress offers the ship of the line America, to replace the ship the Magnifique, which ran ashore at Boston, and which there is little hope of relieving. The Chevalier de la Luzerne cannot anticipate the determination of his Majesty, with regard to this offer, but as the desire of Congress to substitute immediately the America for the Magnifique cannot be accomplished if the undersigned Minister waits for the orders of his Court on this subject, he will, without delay, inform the Marquis de Vaudreuil of the resolution adopted by Congress on the 4th instant. This General will judge for himself, whether the fleet of the King will be stationed on the coast long enough to allow time for launching this vessel, arming her, and transporting on board of her the crew, artillery, and rigging of the Magnifique. In that case, the America will immediately join the fleet, in conformity with the wishes of Congress.

But whether circumstances shall allow this vessel to join his Majesty's fleet, or render it impracticable, the undersigned Minister can assure Congress, that his Majesty will behold with great pleasure, the eagerness with which the United States, his allies, have made this offer, and that this new mark of their attachment and friendship will be infinitely agreeable to him.

LUZERNE.

* * * * *

TO ROBERT. R. LIVINGSTON.

Translation.

Philadelphia, September 5th, 1782.

Sir,

A resolution of Congress of the 3d instant, has been communicated to me, containing the offer which that Assembly has been pleased to make of the ship America, to be joined to his Majesty's fleet. I have the honor of sending you a note, in answer to this communication. Whatever may be the result of this offer, I entreat you, Sir, to be persuaded, that my Court will be very sensible of the kindness of it, and as an individual, I am very desirous that this vessel should join the fleet of the King.[8]

I am, with the most sincere respect, Sir, &c.

LUZERNE.

FOOTNOTES:

[8] _In Congress, September 3d, 1782._ "Whereas the Magnifique, a seventyfour gun ship belonging to the fleet of his Most Christian Majesty, commanded by the Marquis de Vaudreuil, has been lately lost by accident in the harbor of Boston, and Congress are desirous of testifying on this occasion to his Majesty, the sense they entertain of his generous exertions in behalf of the United States;

"Resolved, That the Agent of Marine be, and he is hereby instructed, to present the America, a seventyfour gun ship, in the name of the United States, to the Chevalier de la Luzerne, for the service of his Most Christian Majesty."

* * * * *

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, September 12th, 1782.

Sir,

I have been honored by your favor of the 4th instant.[9] I have taken measures to obtain from the State of Pennsylvania the law you mention, which may be necessary to give validity to the eleventh Article of the treaty of amity and commerce.

The demand upon the State of Georgia shall be transmitted as soon as possible, and I doubt not, that they will see that full justice is done to the gentlemen in whose behalf you make the representation.

As it appears clearly from the state of facts transmitted by Count de Durat, that the vessel taken by Mr Clintock and his associates is lawful prize, agreeably to the marine laws of this country, I shall renew my instances upon this subject, and direct Dr Franklin to apply to your Court for redress; I must, therefore, again request your aid in promoting this claim in that channel, in which you observe, that it ought in future to be made.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

FOOTNOTES:

[9] Missing.

* * * * *

THE MARQUIS DE VAUDREUIL TO M. DE LA LUZERNE.

Translation.

Boston, September 20th, 1782.

Sir,

I have received with the greatest satisfaction the letter, with which your Excellency honored me on the 5th instant, with the copy of the resolution of Congress relative to the present, made by Congress to the King's navy, of the ship America. The eagerness of the United States to replace the Magnifique, which was lost without hope of being relieved, and the cordial manner in which they have offered the America, induce me to accept this vessel with much gratitude. I shall take care that she is promptly armed, and that she joins his Majesty's squadron. M. de Macarty de Marteigne, who will command her, will go to Portsmouth today for that purpose, and I have given orders to the vessels in that port, to furnish him with all the assistance that he may need.

I shall enjoy the honor, with which I feel much flattered, of numbering among my ships, this mark of the friendship and regard of our allies.

I have the honor to be, &c.

VAUDREUIL.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, September 23d, 1782.

Sir,

The undersigned, Minister Plenipotentiary of France, has received orders to communicate to Congress, many details relative to the negotiation for peace. He is desirous, that a committee should be appointed to receive these communications, and he will, at the same time, have the honor of informing Congress of some circumstances, which concern the common cause, and relate to the actual situation of affairs in Europe.

LUZERNE.

* * * * *

GEORGE WASHINGTON TO M. DE LA LUZERNE.

Head Quarters, September 24th, 1782.

Sir,

Sundry accounts from New York having reached me, informing me that the British were more than meditating an enterprise against the squadron of the Marquis de Vaudreuil, which they have learned is at present in two detachments in Boston and Portsmouth harbors, and that preparations were making for that purpose, I have made the Marquis acquainted with this intelligence, and the probability of such an event.

At the same time that I gave this information to the French Admiral, I have written a letter to Governor Hancock, requesting that arrangements may be made with the militia of his State, in such manner as to give immediate and effectual support, in aid and protection of his Most Christian Majesty's ships, in case an attempt should be made upon them.

The like information I shall give to the Governor of the State of New Hampshire, and request similar assistance from him, in case of the enemy approaching near Portsmouth.

With the highest regard and esteem, &c.

GEORGE WASHINGTON.

* * * * *

COMMUNICATION OF THE FRENCH MINISTER TO A COMMITTEE OF CONGRESS.

In Congress, September 24th, 1782.

The committee appointed to hold a conference with the Chevalier de la Luzerne, Minister of France, in pursuance of his note to Congress of the 23d, report;

That yesterday your committee held a conference with the Minister of France, agreeably to the said appointment, the substance of which consisted in the communication of advices lately received by the said Minister of France, from his Excellency the Count de Vergennes, as follows.

The Minister informed the committee he had received several despatches from his Court, of which he thought it his duty to communicate an extract to Congress.

The first was dated 9th April last. It expressed the opinion of the Count de Vergennes, that the Court of St James had formed a design to make a separate peace with one or more of the powers at war with it. That France was perfectly easy with respect to the disposition of Congress; and that the uniformity and steadfastness of their conduct did not leave the least doubt with regard to the part they would take in this circumstance. That the steps the King had taken on a similar occasion, and the disappointment of several British emissaries, was already known to Congress. That they had met with the same reception at Madrid; and there was the greatest probability, that their intrigues would not be more successful at the Hague. The Minister of France observed, that the glory and honor of the present confederacy, of which his Majesty was the centre, would be their having been inaccessible to artifice; and this extraordinary instance would be crowned with success, if the four powers persisted invariably in a firm attachment to their union, and if, on the one hand, making the greatest exertions to procure the completest satisfaction, they, on the other hand, confined themselves within such bounds of moderation as would give no umbrage to any one of the powers at war with Great Britain.

That the King had, in different circumstances, taken the proper measures to deprive the enemy of all hopes, which they might have formed of introducing dissensions between his Majesty and his allies. That it was to be wished, that the Court of London was fully convinced of the impossibility of treating separately with America. That this had always been the chimerical and favorite idea of England; and that so long as it subsisted, there would perhaps be no possibility of treating seriously about the conditions of a peace. That their negotiations would only be an artifice to scatter divisions among the allies, and retard their exertions for continuing the war. That the shortest way to put a stop to their intrigues, would be to let it be known publicly in the most explicit manner, that the United States neither can nor will make any peace without the concurrence of their ally; and that if England has any overtures of peace to make to them, the American Plenipotentiaries are sufficiently empowered to receive them, and to negotiate a peace, if those overtures are admissible.

That this peremptory language would free Congress from all the embarrassments, which the English Ministers could throw in the way; that it would bring them to a sincere disposition to make peace; put an end forever to their machinations with the mediating powers; deprive them of the means of feeding the Parliament and people of England with the hopes of a separate peace; and finally save the Americans from all the difficulties, which would infallibly take place if England were allowed to negotiate in America. It would convince England, that the United States are not less attached to their engagements with their ally than sensible of the respect due to the Courts of Vienna and Petersburg, whose mediation Congress have accepted.

The Minister added, that though the situation of the belligerent powers, the distance of America, and the slowness and difficulty of communication made it advantageous that the seat of negotiation should be in Europe, and that the enemy should be informed of this resolution, yet Congress had the fullest liberty to follow the system which France had pointed out in her answer to the mediating powers, in consequence of which the American Ministers might negotiate immediately and directly, conformably to the instructions they had received from Congress; but the negotiations of France and America would be carried on in an equal progression, a continual and reciprocal communication would be given, and the two treaties signed at the same time, and one be ineffectual without the other.

The Count de Vergennes in the same despatch, gave information of the Dutch having acknowledged the independence of America, of which Congress are already informed.

The letters of May 2d and June 28th, urged the same point of referring the British negotiators in America to the American Plenipotentiaries in Europe, with this addition in the letter of May 2d, that it was now evidently the object of Great Britain to lessen their exertions on this continent as much as in their power, and to adopt a defensive mode of carrying on the war; that being unable to support a double war by land and by sea, she proposed to suspend the one in order to carry on the other more effectually; and in case of success, to return against the United States with redoubled efforts.

The Minister mentioned the attempts, that had been alternately made at the Court of Versailles, and with the American Plenipotentiaries, for a separate peace, and said, that Dr Franklin had communicated his and Mr Adams's answers, to the British emissaries; that the King thought them firm and consistent with the principles of the alliance, and wished that Congress might be informed of the satisfaction they afforded him. That to remove forever such expectations, it behooved the wisdom of Congress to declare, that no peace but a general one would be attended to; that when negotiations are entered into with sincerity, the King would most readily employ his good offices in support of the United States, in all points relating to their prosperity; that Congress were themselves sensible of the distinction between the conditions of justice and rigor, and those of convenience and compliance, which depended on the good or bad situation of affairs; that though the circumstances of the allies were very promising, such events might happen as might make it advisable to adopt the part of moderation.

But the best way to obtain every possible advantage, was to preserve a perfect connexion, and to let them know, that the United States would not only reject a separate peace, but that they would continue the war against the common enemy by all manner of ways, until their allies should also conclude a peace; that this declaration would convince the British Ministers, that they would not get rid of the Americans by merely acknowledging their independence; and that though they removed their troops from the continent, they would be attacked wherever found.

The despatch of the 28th of June dwelt chiefly on the negotiation; and contained details, which the Count de Vergennes directed the Minister to make to Congress, but which have in a great measure been already transmitted to them by their Ministers in Europe. These details related to the emissaries sent to Dr Franklin and Mr Adams, and their satisfactory answers. Mr Oswald, in an interview with the Count de Vergennes, hinted to him the desire of the Court of London, and the necessity it was under to make peace; and received for answer, that the King was equally disposed to make an honorable and solid peace. Mr Oswald went to London to carry this information; returned soon, and was immediately followed by Mr Grenville, the intimate friend of Mr Fox.

Mr Oswald repeated to Dr Franklin the assurances of the disposition of the Cabinet of St James; and Mr Grenville, in answer to his overtures to the Count de Vergennes respecting the disposition of the King of Great Britain, was informed by the express order of the King, _that his Majesty was disposed to negotiate for peace, provided it was a general one, and the allies and friends of his Majesty were satisfied_. This answer was just given when the news of the action of the 12th of April reached Europe. Nevertheless, the King of Great Britain sent full powers to Mr Grenville to negotiate the peace with his Majesty. In communicating them the English Agent declared, _that the King of England, in order to facilitate peace, was disposed to treat of the independence of the United States with his Majesty, provided all other matters were put upon the footing of the treaty of 1763_.

To this the King answered, 1st. _That the powers of Mr Grenville were insufficient, as they did not mention the allies of his Majesty._ 2dly. _That his Majesty could not himself negotiate for the interests of America, having no powers to this purpose; and that it became the dignity of the King of England and of the United States to open a direct negotiation on this subject._ 3dly. _That in order to conclude a solid and lasting peace, it ought not to be founded upon the treaty of Paris, but upon justice and the dignity of all the contracting powers._

The British Ministry adopting these observations, sent new powers to Mr Grenville, authorising him to treat with all the belligerent powers. Mr Grenville presented to the Count de Vergennes a copy of these powers, and declared, _that the King of England, being disposed to acknowledge and declare directly the independence of America, it would no longer be a conditional article of peace_. And as to France, the English Plenipotentiary proposed _to take the treaty of Paris for the basis, not of the peace itself, but of the negotiations which were to be entered into_.

The Count de Vergennes, on the 21st of June, communicated to Mr Grenville the answer of the King. In this communication his Majesty declared his wishes for the restoration of peace, and his satisfaction, that the King of Great Britain was disposed to treat with all the belligerent powers, and that he intended to make a direct acknowledgment and declaration of the independence of the United States of America, and that this point would no longer be a conditional Article of a general pacification. That the King consents to adopt, according to the proposition of the King of England, the treaty of Paris for a basis of the negotiation, not as a confirmation of all its stipulations, but with exceptions and alterations respecting the East Indies, Africa, the fisheries of Newfoundland, and commercial regulations in Europe to mutual advantage. Restitution and compensation to be treated of, when the negotiation shall be established, with respect to which the King will be governed by the principles of justice and moderation, which are the basis of his policy. If these overtures are agreeable to the King of England, his Majesty will explain himself precisely on the different points. His Majesty expects, that his Britannic Majesty will make to all the belligerent powers and states, without delay, such overtures as he may think conducive to promote the negotiation as far as it respects their interests. That no doubt may be left with respect to his Majesty's sentiments, he declares anew, that he will neither treat nor terminate any negotiation, unless the interests of his allies and friends shall be conjointly discussed and determined, or separately, according to the wishes of his Britannic Majesty and the allied and friendly powers of his Most Christian Majesty.

Such was the state of affairs on the 28th of June, at which time there appeared some obstructions to the negotiation, owing, as it was believed, to the misunderstanding which prevailed among the British Ministers. Tergiversations were discovered on the part of the British negotiator. The bill authorising the King of England to treat with the Colonies of America had not then passed. These uncertainties made it essential to guard against British emissaries on the continent of America; and to prevent with all care their admission; and to recommend the same measure to the several Legislatures.

The Minister finished the conference by informing the committee of the fortitude of the King on receiving the news of the action of the 12th of April. He immediately gave orders for constructing twelve ships of the line, the greater part of the first rate. The city of Paris and several other cities and corporations had offered some others, and it was expected, that the King would, in the course of the next campaign, have twenty new ships to oppose the enemy. His Majesty was resolved not to make the least alterations in his plans for the future negotiation; and he exhorted his allies to the same resolution and the same exertions.

* * * * *

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, September 27th, 1782.

Sir,

I have the honor of sending to you a decree of his Majesty's Council of State, made in consequence of the measures taken by Congress for preventing the fraudulent importation of English merchandise into this country. I desire that you would be pleased to communicate it to Congress, in order that it may be published under the seal of authority, and that American merchants and sailors may be informed, that it is in their own power to procure in the ports of France, the papers necessary for making it certain, that the English merchandise, which they take on board, is obtained from prizes. This decree agrees very well with the laws passed by several States, and particularly with that passed by the Assembly of Pennsylvania during its last session, to prevent commerce and all communication with the enemy. I have also the honor of sending to you, Sir, the copy of a letter from the Marquis de Vaudreuil, which I request you to be pleased to transmit to Congress.[10]

I have the honor to be, &c.

LUZERNE.

FOOTNOTES:

[10] See above p. 113.

* * * * *

TO GEORGE WASHINGTON.

Translation.

Philadelphia, September 29th, 1782.

Sir,

I have received the letter, which your Excellency did me the honor to write to me on the 22d of this month, with the news which accompanied it. I beg you to accept my sincere thanks.

I have the honor to transmit you the extract of an answer, made by express order of the King, on the 21st of June, to Mr Grenville. I pray you to be pleased to keep it a secret; all that I can add is, that the negotiations were still in agitation the beginning of July, but there had been in the conduct of the British Minister many circumstances, which led to doubt his sincerity; I believe, that even if there had been a sincere disposition to treat, the death of the Marquis of Rockingham had occasioned a change.

I have just received your Excellency's letter of the 24th; I cannot but thank you for the goodness, which you have had in transmitting me the detail, which it contains. I doubt not but M. de Vaudreuil will profit by the advice, and put himself in a posture of defence.

I have the honor to be, &c.

LUZERNE.

* * * * *

TO GEORGE WASHINGTON.

Translation.

Philadelphia October 1st, 1782.

Sir,

I send to New York M. Barbe, who has the honor to be known to your Excellency. The principal objects of his journey, are some arrangements relative to the French prisoners carried into New York, and of some Spaniards, who have been carried there also. I have charged him to see M. de la Touche, and to give him such consolation as depends upon me. I would at the same time wish to repurchase in New York some effects, which I had coming from France in the Eagle, and which I cannot replace here. I could wish you, Sir, to give all the assistance in your power to M. Barbe's gaining admission into New York and returning.

I am, &c.

LUZERNE.

* * * * *

REPORT OF A COMMITTEE OF CONGRESS ON COMMUNICATIONS MADE BY THE FRENCH
MINISTER.

In Congress, October 3d, 1782.

The committee, to whom were referred the notes of the communication made by the Minister of France to a committee of Congress, on the 24th of September, brought in a report, which was agreed to, as follows;

That the Minister Plenipotentiary of his Most Christian Majesty be informed, that the communication made by the said Minister on the 24th of September last, is considered by Congress as an additional proof of his Majesty's magnanimity, and has confirmed those sentiments of affection and confidence, which his wise, steady, and liberal conduct in every stage of the war has so justly inspired.

That his Most Christian Majesty's declaration to the British Minister at Paris, that he will neither treat nor terminate any negotiation unless the interests of his friends and allies shall be considered and determined, is entirely correspondent to the part, which these United States are resolved to take in any negotiation for peace.

That Congress, with the utmost satisfaction embrace this opportunity to renew their assurances, that in every event these United States will inviolably adhere to their alliance with his Most Christian Majesty, which they consider to be equally essential to their interest and their glory.

That they will hearken to no propositions for peace, which shall not be discussed in confidence and in concert with his Most Christian Majesty, agreeably to the declaration made to his Minister Plenipotentiary on the 31st day of May last.

That upon this principle, Congress did not hesitate a moment, to reject the proposition made by the British General and Admiral, as Commissioners of Peace, for admitting Mr Morgan, their Secretary, to an interview at Philadelphia.

And that they are resolved to prosecute the war with vigor, until a general peace shall be obtained, in which their allies shall be comprehended.

That Congress place the utmost confidence in his Majesty's assurances, that he will readily employ his good offices in support of the United States in all points relative to their prosperity; and considering the territorial claims of these States as heretofore made, their participation of the fisheries, and of the free navigation of the Mississippi, not only as their indubitable rights, but as essential to their prosperity, they trust that his Majesty's efforts will be successfully employed to obtain a sufficient provision and security for those rights. Nor can they refrain from making known to his Majesty, that any claim of restitution or compensation for property confiscated in the several States, will meet with insuperable obstacles, not only on account of the sovereignty of the individual States, by which such confiscations have been made, but of the wanton devastations, which the citizens of these States have experienced from the enemy, and in many instances from the very persons in whose favor such claims may be urged. That Congress trust, that the circumstances of the allies at the negotiation for peace, will be so prosperous as to render these expectations consistent with the spirit of moderation recommended by his Majesty.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, October 16th, 1782.

Sir,

The undersigned, Minister Plenipotentiary of France, requests Congress to be pleased to appoint a committee, to which he proposes to communicate some measures which are provisional, and which are to remain secret till the moment of their execution.

LUZERNE.

* * * * *

GEORGE WASHINGTON TO THE PRESIDENT OF CONGRESS.

Head Quarters, October 25th, 1782.

Sir,

I have the honor to transmit to your Excellency the copy of two letters[11] from the Count de Vergennes, which were sent out in the packet from England, and have just come to my hands by a flag of truce from New York. They contain a very pathetic and affectionate interposition in favor of the life of Captain Asgill.

I lose no time in forwarding them by a special messenger to Congress, without any observations, being persuaded that Congress will not fail to give a very early decision respecting his further treatment.

The enclosed newspaper contains all the information I have been able to obtain since the arrival of the packet.

I have the honor to be, &c.

GEORGE WASHINGTON.

FOOTNOTES:

[11] That is, the copy of a letter from Count de Vergennes, and one from Lady Asgill to him. See these letters above, pp. 105, 107.

* * * * *

TO GEORGE WASHINGTON.

Translation.

Philadelphia, October 25th, 1782.

Sir,

I have received the letter your Excellency did me the honor to write me on the 10th instant, with the amount of expenses incurred by the expresses, which formed the communication with the Marquis de Vaudreuil. The treasurer of our army will pay to your Quarter Master General the five hundred and thirtyseven dollars he has been so kind as to advance for that purpose. I beg also, that you will please to send me the amount of expenses incurred in procuring the intelligence from New York, and that you will accept my thanks for the trouble you have had in these details.

I will be exceedingly obliged to your Excellency to inform me where the seventyfifth regiment of grenadiers actually is.

I have the honor to be, &c.

LUZERNE.

* * * * *

GEORGE WASHINGTON TO M. DE LUZERNE.

Head Quarters, October 25th, 1782.

Sir,

The enclosed letter, which I have the honor to transmit to your Excellency, was received this moment by a flag of truce from New York. It was accompanied by one addressed to me from the Count de Vergennes, on the same subject.[12]

The case of Captain Asgill having, before the receipt of these letters, been submitted to Congress, I have immediately transmitted to that body, copies of the Count's letters to me, and have permitted myself to solicit from them, an early decision of his fate, which, judging from my own feelings, I persuade myself cannot be an unfavorable one.

I send your Excellency a transcript of intelligence, which I have this day forwarded to the Marquis de Vaudreuil.

I am, &c.

GEORGE WASHINGTON.

FOOTNOTES:

[12] See this letter above, p. 105.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, October 28th, 1782.

Sir,

The undersigned, Minister Plenipotentiary of his Most Christian Majesty, has had too frequent opportunities of satisfying himself, that Congress fully perceives how intimately the interests of the two nations are connected, not to be convinced that they will learn with pain, that very considerable quantities of provisions have been sent by the Raritan to New York, and along the river opposite to Staten Island. The undersigned Minister cannot enter into the details of this proceeding, which he knows only by reports, though by reports upon which he has the strongest reasons for believing that he can depend. This trade is, moreover, carried on in the most open manner, and he is convinced, that by inquiries, instituted with promptness and secrecy, he shall be able to obtain proofs of it, and to procure the means of putting a stop to it. Cattle of all kinds have served to furnish with provisions the enemy's fleet, which has just sailed down to the Hook. It is asserted, that the quantities sent from the Jerseys are immense, but the Chevalier de la Luzerne thinks it unnecessary to attempt at present, to determine them exactly, and contents himself with observing, that the nineteen vessels thus supplied, will not, perhaps, depart immediately, and that it will be necessary to shut up the channels by which these provisions have reached them.

There are, besides, eight other ships of the line at New York, which they intend to supply with provisions in the same way. Congress are aware how important it is to prevent the enemy from obtaining from the United States the means of putting to sea, and even of supplying the garrison. The undersigned also knows what efforts have been made by that body, on different occasions, to put a stop to those illegal operations, and how desirous it is effectually to guard against them. He also knows, that all the good citizens of the Jerseys grieve to see the enemy obtaining from their own State, supplies, which are employed against the allies of the United States, and he is convinced, that it is only necessary to point out the evil, in order that all may cordially unite in providing a remedy for it.

LUZERNE.

* * * * *

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, October 30th, 1782.

Sir,

The Secretary of the United States for the Department of Foreign Affairs has the honor to inform the Minister Plenipotentiary of his Most Christian Majesty, that a petition has been presented in behalf of the owners and officers of the brig Lætitia, commanded by Robert Collins, and commissioned by the United States. That the said brig, while at anchor in the road of Basseterre, on the 3d day of May last, near the Island of St Christophers, captured by her boat a brig called the Francis, belonging to the subjects of his British Majesty, bound from the port of Liverpool in England to the Island of Tortola, and having on board a valuable cargo.

That after the prize had been brought to anchor in the road of Basseterre, by the officers and mariners of the said brig Lætitia, the harbor master of the Island of St Christophers, aided by a guard, took possession of her, under pretence, that she was included in the capitulation, though the contrary appears from the affidavits annexed; that the said prize was afterwards advertised and sold as a prize to the subjects of his Most Christian Majesty, without any condemnation in the Courts of Admiralty of the Island. As the sale of this prize fully demonstrates, that she could never have been included in the number of those vessels protected by the capitulation, it is not doubted, that the justice of his Most Christian Majesty's Ministers will induce them to direct, that the value of the prize be repaid to the legal captors, when the Chevalier de la Luzerne shall have submitted the above state of facts, and the annexed affidavits to their inspection, together with such observations as his own candor and equity will induce him to wake thereon.

ROBERT R. LIVINGSTON.

* * * * *

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, November 4th, 1782.

Sir,

Congress, in the year 1780, recommended to the different States to pass laws analogous to the Thirteenth Article in our treaty of commerce. Some States have complied with this recommendation, others, among which is Pennsylvania, have neglected to do it. I know, that several Frenchmen, who have acquired funds in this State do not trust to the protection of prosecutions _de l'échiquier général_ for want of a law of this nature. I entreat you, Sir, to be pleased to procure the passing of such a law, in case that you think, that the said Article of the treaty is not sufficient to secure to them the quiet possession of the funds, which they have acquired.

I have the honor of sending you, Sir, a letter from the Count de Durat, Governor of Grenada, relative to an affair, concerning which I wrote to him, by your recommendation. It seems to me, agreeably to his answer, that those interested should for the future apply to Dr Franklin, to procure satisfaction. You will perhaps think proper to communicate to them the letter of M. de Durat.

You will also find annexed, Sir, some papers relative to an affair, which concerns the United States, or the State of Georgia. Be pleased to let me know what answer I can send to those inhabitants of the Cape who are interested.

I am, Sir, with the greatest respect, &c.

LUZERNE.

* * * * *

TO GEORGE WASHINGTON.

Translation.

Philadelphia, November 6th, 1782.

Sir,

I duly received the letter your Excellency honored me with on the 25th ultimo, relative to Captain Asgill; it appears that Congress are favorably disposed, respecting him, but they have not yet passed any resolution on that head. When they do, I doubt not it will be favorable.

I have seen with much pleasure a Proclamation of the Governor of the State of New York, to prevent sending provisions to the enemy. The accounts I have recently received on that subject from the States of Jersey and Connecticut, give me more pain than I can express. They are positive, and from people who had ocular demonstration; they prove, that the enemy's fleet could not have quitted New York for some time, if they had not received immense quantities of provisions, living and dead. This commerce is carried on regularly and openly, as if it were peace, or as if the cattle were for your army. Your Excellency knows how important the despatch or detention in fitting out fleets is, and I know the efforts you have made to put a stop to this destructive commerce. I must however entreat you, Sir, to use your influence with the Governors of Jersey and Connecticut, to adopt such measures as may prove efficacious. I am sure there is not a single good citizen in America, who is not hurt at seeing the enemy thus furnished from this continent, and thereby enabled to distress us in the West Indies.

I have the honor to be, &c.

LUZERNE.

* * * * *

TO COUNT DE DILLON, GOVERNOR OF ST CHRISTOPHERS.

Translation.

Philadelphia, November 8th, 1782.

Sir,

I have the honor of sending you a copy of the depositions of some sailors of the brig Lætitia. I entreat you to be pleased to cause an examination to be made into this affair, for which they have presented a Memorial to Mr Livingston, Minister of the United States for Foreign Affairs, who has sent it to me, in order that I might transmit it to you. I have assured that Minister, that he may rely upon your justice and care, that such restitution shall be made to the plaintiffs, as after the investigation into the affair they shall seem justly entitled to.

I have the honor to be, &c.

LUZERNE.

* * * * *

TO SIR GUY CARLETON.

Translation.

Philadelphia, November 9th, 1782.

Sir,

It is with much pleasure, that I now have the honor to enclose you the resolution of Congress in favor of Captain Asgill.[13] I am well persuaded, that your justice and humanity will induce you to prevent in future the excesses, that gave rise to this disagreeable affair.

I shall send this resolution to France by different opportunities, and hope it will be forwarded immediately to Lady Asgill, and put an end to the anxiety she has suffered on account of her son. But as it is possible that my letter may arrive later than yours, I beg you, Sir, to transmit it also by the first opportunity, I shall solicit General Washington to permit Captain Asgill to return to Europe on his parole, that Lady Asgill may have her joy complete, and if possible be recompensed for the alarm she has been so long in.

Receive the assurance, &c. &c.

LUZERNE.

FOOTNOTES:

[13] _In Congress, November 7th, 1782._ "On the report of a committee, to whom were referred the letter of the 19th of August from the Commander in Chief, the report of a committee thereon, and also another of the 25th of October from the Commander in Chief, with the copy of a letter to him from the Count de Vergennes, dated the 29th of July last, interceding for Captain Asgill;

"_Resolved_, That the Commander in Chief be, and he is hereby directed to set Captain Asgill at liberty."

_November 8th._ "Resolved, that the Commander in Chief be instructed to call, in the most pointed terms, on the British commander at New York, to fulfil his engagement contained in his letter of the 13th day of August last, 'to make further inquisition into the murder of Captain Huddy, and to pursue it with all the effect, which a due regard to justice will admit.'

"Resolved, that to prevent any misconstruction, which may arise from the resolution directing Captain Asgill to be set at liberty, it be declared, and it is hereby declared, that the Commander in Chief, or commander of a separate army, is, in virtue of the powers vested in them respectively, fully authorised and empowered, whenever the enemy shall commit any act of cruelty or violence, contrary to the laws or usage of war, to demand adequate satisfaction for the same; and in each case, if such satisfaction shall not be given in a reasonable or limited time, or shall be refused or evaded under any pretence whatever, to cause suitable retaliation forthwith to be made; and the United States in Congress assembled will support them in such measures."

* * * * *

TO SIR GUY CARLETON.

Translation.

Philadelphia, November 9th, 1782.

Sir,

By a letter I have this moment received from New York, I am informed, that M. de la Touche is yet prisoner on board the Lion, or on Long Island. I should be extremely glad if he could be exchanged immediately, promising to return the first officer of the same rank, who shall fall into our hands; or if that favor cannot be obtained, that he may be permitted to come to Philadelphia for some time. I am well aware, that this matter is not properly in your department, but the actual circumstance of the affair, and the letter of Commodore Elphinston to Baron Vioménil, must give weight to your recommendation, if you will please to employ it.

I have the honor to be, &c.

LUZERNE.

* * * * *

TO GEORGE WASHINGTON.

Translation.

Philadelphia, November 12th, 1782.

Sir,

I hope you will not find it amiss, that I have sent directly to General Carleton the two letters, of which the enclosed are copies. M. de la Touche wrote me, that he was yet detained at New York, and that he would probably have time to receive my answer if it came directly, which induced me to write him by way of Elizabethtown, rather than by Dobbs's Ferry. If there is any impropriety in the step I have taken, I hope your Excellency will excuse it in consideration of the object in view. I dare even to ask your Excellency to enforce my request.

I also take the liberty to request your Excellency to permit Captain Asgill to return to Europe. The situation of his mother has been so unhappy for some time past, that he has a sort of claim on your Excellency's goodness.

I have the honor to be, &c.

LUZERNE.

* * * * *

GEORGE WASHINGTON TO CAPTAIN ASGILL.[14]

Head Quarters, November 13th, 1782.

Sir,

It affords me singular pleasure to have it in my power to transmit you the enclosed copy of an act of Congress of the 7th instant, by which you are released from the disagreeable circumstances in which you have so long been. Supposing you would wish to go into New York as soon as possible, I also enclose a passport for that purpose.

Your letter of the 18th of October came regularly to my hand. I beg you to believe, that my not answering it sooner did not proceed from inattention to you, or a want of feeling for your situation; I daily expected a determination of your case, and I thought it better to wait that, than to feed you with hopes that might in the end prove fruitless. You will attribute my detention of the enclosed letters, which have been in my hands about a fortnight, to the same cause.

I cannot take leave of you, Sir, without assuring you, that in whatever light my agency in this unpleasing affair may be received, I never was influenced through the whole of it by sanguinary motives, but by what I conceived a sense of my duty, which loudly called upon me to take measures, however disagreeable, to prevent a repetition of those enormities, which have been the subject of discussion, and that this important end is likely to be answered, without the effusion of the blood of an innocent person, is not a greater relief to you, than it is to, Sir, your most obedient, and humble servant,

GEORGE WASHINGTON.

FOOTNOTES:

[14] See other letters respecting Captain Asgill's case, above, pp. 105, 107, 128, 129, 133, 135.

* * * * *

GEORGE WASHINGTON TO M. DE LA LUZERNE.

Head Quarters, November 13th, 1782.

Sir,

I am honored with your Excellency's letter of the 6th instant, on a subject not more distressing to you, Sir, than to myself. I have at various periods of the war written to Congress and to the States, endeavoring to convince them of the necessity of passing the most vigorous laws, to prevent the inhabitants from furnishing the enemy with provisions. I will write them again and will use every argument I am master of for that purpose. In all other nations, I believe, the persons guilty of that crime are punished with death, and unless the States on this continent will pass similar laws, I see no means of putting a stop to that destructive practice. Anything the military could do in that matter, would be in vain. To post as many guards as would be necessary, would be destructive to the army, as those guards would be continually liable to be cut off by the enemy; and, indeed, the whole army would not suffice to guard the extensive coasts where this illicit commerce is carried on.

I have the honor to be, &c.

GEORGE WASHINGTON.

* * * * *