The Diplomatic Correspondence of the American Revolution Volume XI Part 18

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, November 4th, 1782.

Sir,

Congress, in the year 1780, recommended to the different States to pa.s.s laws a.n.a.logous 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'echiquier general_ for want of a law of this nature. I entreat you, Sir, to be pleased to procure the pa.s.sing 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 pa.s.sed 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 quant.i.ties 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 Laet.i.tia. 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 a.s.sured that Minister, that he may rely upon your justice and care, that such rest.i.tution shall be made to the plaintiffs, as after the investigation into the affair they shall seem justly ent.i.tled 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 a.s.surance, &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 a.s.sembled 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 circ.u.mstance of the affair, and the letter of Commodore Elphinston to Baron Viomenil, must give weight to your recommendation, if you will please to employ it.

I have the honor to be, &c.

LUZERNE.