The Diplomatic Correspondence of the American Revolution Volume XI Part 33

From Dr Franklin's letter, it appears that the whole of the prizes belonged to the captors; that the King offered to purchase the ships of war they had taken, according to an established rate; that the seamen objected to it, and chose they should be sold at vendue; that this occasioned a delay in the sale; that he does not know the amount of the value of the prizes, nor whether they were distributed, which he considers as a private transaction between the officers and crews of the ships and M. Chaumont.

From this state of facts, Congress will judge if anything more can be done relative to the claim of three of the pet.i.tioners to their share of the value of the prizes, (the fourth being out of the question) than to a.s.sist them in the mode of authenticating the evidence of their being ent.i.tled thereto, and to forward it with powers of attorney to the Consul of the United States in France. This I will readily do for them, and write to Mr Barclay on the subject, without any express direction from Congress, when the pet.i.tioners shall call at this office.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO ROBERT SMITH, COMMERCIAL AGENT AT HAVANA.

Philadelphia, February 26th, 1782.

Sir,

Your letter to the Superintendent of Finance was received, and referred by Congress to this office, when upon mature deliberation it was determined for various political reasons, not to recommend the issuing of any commissions for letters of marque, or reprisals from any of the Spanish Islands. Congress having considered these reasons, came into this view, and pa.s.sed the resolution, which I enclose in pursuance of their orders.

It is expected, that the several Consuls and agents of Congress, wherever settled, will keep up a regular and constant correspondence with me, in order that the United States, in Congress, may have the fullest information of every transaction in which they may be materially concerned. This task I dare say you will readily impose upon yourself, when you reflect on the advantages that may result from it. The points on which I shall chiefly trouble you for information, are the naval and military strength of the Island at the time you write, not merely as to the number of ships and men, but their actual state of preparation for defensive or offensive operations, their stations, their prospects and designs, as far as you can learn them.

At your leisure, I wish to have an account of the population, militia, commerce, husbandry, and revenue of the Island, the sentiments of the people with respect to this war, and everything else you may deem curious or interesting.

If a paper is printed at the Havana, you will be pleased to send it to me by every opportunity. I need not suggest to you the necessity of preparing your letters, so that they may be sunk in case of danger, when they contain anything which may be of use to the enemy.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO DON FRANCISCO RENDON.[22]

Philadelphia, March 6th, 1782.

Sir,

I will with pleasure give you such information on the subjects you write upon, as I can with propriety mention to a gentleman of whose attachment I entertain no doubt, but who has, nevertheless, given me no reason to think, that his inquiries have any farther object than his personal satisfaction.

1. In answer to the first question, I can only inform you, that Congress have voted thirtysix thousand infantry, which, with the cavalry and artillery, will amount to about forty thousand men. It is not probable, however, that the whole of this number will be raised; I think it would be prudent to make a deduction of about one fourth. But you have been too long in this country to form any judgment of the strength of our army from the regular establishment, since it has been, and always will be increased (more particularly in the Northern States) by large bodies of militia, when their apprehensions, or the hope of splendid advantages shall call them forth. Of this, the events of the year 1777, among others, afford the most striking evidence.

2. It is not expected, that in the present situation of the country, the whole sum of eight millions of dollars can be raised in time. What the deficiency will be, must depend on the motions and strength of our enemy early the next spring; the success of our commerce; the remittances that shall be made to this country by our allies, which, being expended here, may, by frequent taxes, be brought into the public treasury, and repeatedly applied to public use.

3. The resources of the next campaign lay in taxation, in the strictest economy, and in the a.s.sistance which we may reasonably hope to receive from the enemies of Great Britain, while we are making every exertion in the common cause. We flatter ourselves, that those powers who wish for peace, and who see America as the great object in Britain, in carrying on the war, will not suffer it to be lengthened out beyond the present year, when, by a moderate supply to us, they can terminate it in the course of one campaign. We form some expectations from the wisdom and generosity of Spain; and as we know she has the means, so we cannot suppose she can want the inclination to promote her own interests, and insure the esteem and grat.i.tude of a rising nation, whose commerce and alliance cannot but be important from the situation of her Colonies.

4. This question is answered above, only it may be proper to observe, that if, in this reasonable expectation, America should be disappointed, she will still find resources in herself, not indeed to expel the enemy, but to preclude them from extending their conquests, and to compel them to offer her such terms as are necessary for her security, though perhaps short of her wishes.

5. The commercial connexion between the United States and Spain, will naturally be very extensive, if it meets with the least encouragement. The Spanish Islands will be supplied with provisions from them, at such easy rates as must give them great advantages in the cultivation of sugars, for which America will afford a considerable market; fish, lumber, and iron will also be exported to them if it should be permitted; and salt, as well as sugar, brought back in return, if the duties should be lowered, or a drawback allowed on the exportation. Our trade with Spain will consist chiefly in naval stores, masts, iron, furs, fish, and tobacco; in return for which we shall take the produce and manufactures of Spain of almost every kind.

6. It is impossible for the United States to use means to prevent an illicit commerce with the Spanish Colonies, without interfering in their internal regulations. All they can do, is, to consider the regulations made for that purpose as binding upon their subjects, and not to demand satisfaction if they suffer by the penalties, which the laws attempted to be infringed, may impose. To this they will not object, while the punishment is reasonable, and not confined to crimes committed within the jurisdiction of the power imposing it. If it is extended further, such further extension must depend upon treaties between the United States and Spain, and will be the subject of discussion whenever such treaty shall be set on foot.

7. Spain will be allowed, without the least difficulty, either to purchase vessels built in America, or to appoint agents of her own for building vessels of any kind, as well as for arming them, if she thinks proper, from the iron founderies, which are lately erected here, and which will continue to increase in proportion to the encouragement which shall be given them.

The last question must be referred to a general treaty, and is of such a nature as not to be properly answered here.[23]

I am, with great regard and esteem,

ROBERT R. LIVINGSTON.

FOOTNOTES:

[22] A Spanish gentleman residing in Philadelphia, and apparently intrusted with some kind of agency by the Spanish government.

[23] The question here referred to is as follows; "In case that Spain succeeds in conquering East Florida, what will be the pretensions of Congress in regard to the Southern boundaries of Georgia?"

TO JOHN PAUL JONES.

Philadelphia, April 17th, 1782.

Sir,

I enclose an extract from a protest made by Captain A. de Neef, commanding the brigantine Berkenbosch, which has been transmitted to Congress, and by them to me, in order that I might inquire into the facts therein alleged. I must beg the favor of you to state them to me as far as they come within your knowledge, that measures may be taken to vindicate your reputation, and that of the American flag, if, as I presume, the charges are ill founded, or to repair any injury, which you may undesignedly have occasioned him.

Complaints have been made to Congress by officers and men, who formerly belonged to the crew of the Bon Homme Richard, and the Alliance frigate, of their not having yet been able to obtain the share of prize money due to them; in consequence of which Congress have directed me to draw a memorial to the Court of France, praying its interposition, in obtaining justice for them. As this whole business, as far as I can collect from the _Concordat_ entered into by you and the gentlemen commanding the other vessels under your command, appears to have been a private transaction, I am at a loss upon what to ground an application to the Court, more particularly as neither of the parties have as yet called upon this office with proof of their having applied to M. Chaumont, or been denied justice by him.

You will oblige me by giving me all the light in your power upon this subject, if possible, by the next post.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

THOMAS S. LEE TO ROBERT R. LIVINGSTON.

Annapolis, in Council, April 19th, 1782.

Sir,

We have been duly honored with your several letters of the 12th of November, 1781, and the 18th and 19th of February, 1782, which shall be laid before our a.s.sembly, at their meeting the 25th of the present month, when, we doubt not, their very important contents will meet with the consideration they so well deserve.

Whenever we are possessed of anything, in which the United States are materially interested, we shall with great pleasure communicate it.

The doc.u.ment you require, in consequence of the resolution of Congress, enclosed in the letter of the 18th of February, shall be properly authenticated, and transmitted as soon as the whole can be collected.

We have the honor to be, &c.

THOMAS S. LEE.