The Diplomatic Correspondence of the American Revolution Volume X Part 33

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 a.s.surance of the sensibility with which the King, my master, and the whole French nation will receive the strong proof of friendship, union, and ident.i.ty 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.

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 a.s.sembled, that independently of the princ.i.p.al 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, princ.i.p.ally 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 princ.i.p.al 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.

_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.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, June 21st, 1779.

Sir,

The Minister Plenipotentiary of France has the honor to represent to the Congress of the United States of America, that the daily experience of several ports of the continent proves how prejudicial the want of the proper regulations for maintaining the immunity of the flag, which is the foundation of a free commerce, is to navigators, to French merchants, and even to the interests and to the honor of the French nation. The treaty of commerce has foreseen this state of things, and has expressed the wish of the two parties to remedy it.

The undersigned would have proposed to Congress, some time ago, to enter upon this negotiation, had he not perceived that their time was occupied by subjects of greater importance; but as the evil increases daily, it becomes indispensable and urgent to provide a remedy for it, at least with regard to the most pressing subjects, and by provisional regulations, which will have no force till the contract, stipulated by the treaty of commerce, is made.

The Minister Plenipotentiary consequently thinks it his duty to lay before Congress the annexed plan, and to propose a method, which seemed to him calculated to effect this object.

Several States, perceiving the inconveniences of the present uncertainty, seemed disposed to provide a remedy for it by domestic laws; but the undersigned has not been willing to urge them, without being previously informed of the sentiments of Congress on this subject. He consequently requests that body to be pleased to inform him of them, and if they think proper that the daily complaints should be redressed by provisional regulations, while waiting till the subject shall be acted upon by a convention, to recommend this matter itself to the Legislatures of the several States. The regulations which they may make will show by experience, whether they are calculated to effect this object. They will throw light upon the rules observed among all commercial nations, and will give to the United States in general an opportunity of becoming acquainted with the manner in which the commerce between the two nations can be regulated, according to the principles of justice and equality, which should form the foundation of all the connexions that shall subsist between them, and according to the principles and forms which vary in different States.

GERARD.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 5th, 1779.

Sir,

The Minister Plenipotentiary of France, has already had the honor to recommend to Congress the request made by the King's navy agent in relation to the expedition of the ship Defence, loaded with provisions for Cape Francois. He renews his entreaties by the present Memorial.

The quant.i.ty of provisions on board this vessel is so inconsiderable, particularly considering the abundance of old grain which we see now, that the undersigned hopes that Congress will think that the exportation of them may be allowed, without injury to the service of the army or of the public. The undersigned, however, offers to have these same provisions received, so as to be deducted from the quant.i.ty promised for his Majesty's squadron, and particularly the flour, on account of the thousand barrels, to which the eighteen thousand, promised for the same service, have been reduced. The want of provisions is so great at Cape Francois, particularly in the vessels of Count d'Estaing's squadron, which are stationed there to protect the reciprocal commerce, that the said Minister is ready to subscribe to whatever conditions Congress shall think proper to impose with regard to this expedition. But he requests with the greatest earnestness, that they would be pleased not to defer giving a positive answer, in order not to increase, if its decision is in the negative, the costs and expenses which the King will be obliged to pay to the proprietors and fitters out of the said vessel.

With regard to its destination, the undersigned had thought that he could flatter himself, that his character and conduct would prevent the doubts which a member of Congress has communicated in writing to the King's navy agent. Nevertheless, as so weighty a suspicion, declared in so serious a manner, and impeaching the probity and fidelity of the officers of the King, acting immediately under the direction of the said Minister, cannot have been suggested to Congress without important reasons, the undersigned entreats and requests them to be pleased to cause an account to be rendered of the reasons of his suspicions, and of the facts upon which they may have been grounded.

The undersigned requests further, that the result of this verification may be communicated to him, in order that he may be in a situation to take the further part, that the dignity of the King, his respect for Congress, his regard for the public interest of America, and the delicacy which ought to characterise the conduct of every public man, may require.

The undersigned makes the same request, and for the same reasons, with regard to the accusation made to Congress, that the vessels, which have been fitted out in the name of the King, have been loaded with quant.i.ties of flour on individual account. He declares that his first rule has always been to cause the whole of the vessels to be freighted on his Majesty's account; but if any frauds have been committed in this matter, it is of equal importance to the public good, and to the dignity of the King, that its authors should be known, in order to prevent further frauds. The delegates to Congress, by a verbal declaration made to the King's navy agent, have confined this imputation to one vessel alone, but it is not less important that the fact should be verified.

Besides, although the Minister Plenipotentiary of France insists on this point, in order to make these odious imputations fall on those who may deserve them, he could have contented himself with declaring, that not having the right of police and inspection over the proprietors, owners, and Captains of the American vessels, which have been employed in these transportations, and who ought to be better acquainted than strangers with the laws of the country, it is only the officers of the State, appointed to receive the declarations of the ships which sail from the ports, who can, in examining the cargoes, determine the frauds which may have been committed; and that without directly and positively blaming the officers of the King, they cannot be made responsible for frauds, which it is not in their power to prevent. Very far from desiring any connivance on the part of the officers or of the governments of the different States of America, the undersigned earnestly desires, that they would be pleased to execute with vigor the powers which belong to them, and the laws which may have reference to these subjects.

The undersigned hopes that Congress will be pleased not to defer its resolution, whatever it may be, respecting the ship Defence, till the verification of these facts. The two affairs have nothing in common, and the Minister Plenipotentiary, in repeating his offers expressed above, flatters himself that Congress, if they think proper to permit this expedition, will find that these arrangements can be made even after the departure of this vessel.

GERARD.

This Memorial being read, it was immediately

Resolved, that it be recommended to his Excellency the Governor of Maryland to permit the ship Defence, which is loaded with provisions for the fleet of his Most Christian Majesty, to depart and carry her cargo to the place of her destination, and that care be taken that she carry no other provisions than the above, and what may be necessary for the crew.

TO THE PRESIDENT OF CONGRESS.

Translation.