The Diplomatic Correspondence of the American Revolution Volume III Part 10

JAMES LOVELL TO B. FRANKLIN.

Philadelphia, June 13th, 1779.

Sir,

By way of Martinique I forward to you gazettes, journals, and one or two pamphlets. The situation of things in Congress has been such for some time past, that the Committee of Foreign Affairs have been drawn on to look daily for some interesting decisions to communicate to you, which must account for their silence many weeks. I am once again left alone, and therefore in too delicate circ.u.mstances to give you any detail of matters agitated, but not concluded, respecting your commission. I enclose a late resolve,[17] to which I beg your attention, and I entreat that you will believe me to be, with much respect, Sir, your most obedient servant,

JAMES LOVELL,

_For the Committee of Foreign Affairs_.

[17] _In Congress, June 5th, 1779._--"_Resolved_, that the Committee for Foreign Affairs be directed to write immediately to the Commissioners at the Court of France, and desire them to transmit an account of their proceedings in Mr Beaumarchais's accounts, pursuant to the order of Congress of the 13th day of April, 1778."

JAMES LOVELL TO B. FRANKLIN.

Philadelphia, July 9th, 1779.

Sir,

I send by this opportunity journals and gazettes, with some letters, which were to have gone by way of Martinique some time ago, with others that I hope will reach you by that channel. I add a complete set of Journals, as far as they are printed, viz. 1st volume, 2d volume, and from January 9th to June 12th this year, with two spare pamphlets of Nos. 2, 3, 11, 12, to make those already sent complete.

Perhaps I may have the honor of writing again before the vessel sails out, though she is now falling down the river.

Your most obedient humble servant,

JAMES LOVELL,

_For the Committee of Foreign Affairs_.

JAMES LOVELL TO B. FRANKLIN.

Philadelphia, July 16th, 1779.

Sir,

We find by the Minister of France, that your appointment has given high satisfaction to his Court, and we are encouraged to expect proofs of its most confidential reliance upon your character. We have not had a line from you of this year's date; indeed, I believe your latest is November the 7th, 1778. Two days ago we received several letters from Doctor Lee and one from Mr Izard; the latter of March 4th, the former up to April 6th. The vessel was from Roch.e.l.le about the middle of May.

It was unfortunate that we did not get the information of Mr Lee earlier, respecting the designs of the enemy against Connecticut. They had accomplished a part of them a few days before. Will no one under a commission from these United States retaliate on the coast of England, for the burning of our beautiful Fairfield. A single privateer might, I think, show there a striking sample of the species of war carried on by Britain against America. We are told this evening, that General Lincoln has had an advantage over Prevost, in an open field fight, in which the militia behaved to admiration, on the 20th of June.

We forward two letters for "our great, faithful, beloved friend and ally, Louis Sixteenth, King of France and Navarre." We submit, however, the superscription to your judgment.

You will manage the invoices by your best abilities. The probability of success was held out to us by one, who doubtless makes known by this opportunity how much our present circ.u.mstances render such aids essential to us. A report of the treasury, respecting the just stipend of our late and present Ministers at foreign Courts, is not quite determined upon. A decision is peculiarly necessary as to Mr Lee and Mr Izard, after the proceedings here of June 8th. I put up for you a set of the Journals, which have been printed this year, adding some spare numbers to complete what have been sent in part of No. 15.

Presuming from report, and a pa.s.sage of a letter from Doctor Lee, that Mr Adams is on his return hither, we do not write to him more. Should he remain in France, we beg he may be made acquainted with the cause of our omission. Good as this opportunity is, we expect a much better one shortly, when we shall renew a.s.surances of being, &c.

JAMES LOVELL,

_For The Committee of Foreign Affairs_.

_P. S._ The letters and papers respecting M. de Francy's agency, were only this day delivered to us from the Secretary's office; but M. de Francy had s.e.xtuples before.

INSTRUCTIONS FROM CONGRESS TO B. FRANKLIN.

In Congress, August 14th, 1779.

Sir,

Having determined, in order to put a period to the present war, conformably to the humane dispositions, which sway the allied powers, that we would not insist on a direct acknowledgment by Great Britain of our right in the fisheries, this important matter is liable to an incert.i.tude, which may be dangerous to the political and commercial interests of the United States; we have therefore agreed and resolved, that our right should in no case be given up; that we would not form any treaty of commerce with Great Britain, nor carry on any trade or commerce whatsoever with her, unless she shall make an express stipulation on that subject; and that if she shall, after a treaty of peace, disturb the inhabitants of these States in the exercise of it, we will make it a common cause to obtain redress for the parties injured.

But notwithstanding the precautions, as Great Britain may again light up the flames of war, and use our exercise of the fisheries as her pretext; and since some doubts may arise, whether this object is so effectually guarded by the treaty of alliance with His Most Christian Majesty, that any molestation therein on the part of Great Britain is to be considered as a _casus federis_, you are to endeavor to obtain of his Majesty an explanation on that subject upon the principle, that notwithstanding the high confidence reposed in his wisdom and justice, yet considering the uncertainty of human affairs, and how doubts may be afterwards raised in the b.r.e.a.s.t.s of his royal successors, the great importance of the fisheries renders the citizens of these States very solicitous to obtain his Majesty's sense with relation to them, as the best security against the ambition and rapacity of the British Court.

For this purpose, you will propose the following article, in which nevertheless such alterations may be made, as the circ.u.mstances and situation of affairs shall render convenient and proper. Should the same be agreed to and executed, you are immediately to transmit a copy thereof to our Minister at the Court of Spain.

Whereas by the treaty of alliance between the Most Christian King and the United States of North America, the two parties guaranty mutually from that time, and for ever, against all other powers, to wit; the United States to His Most Christian Majesty, the possessions then appertaining to the crown of France in America, as well as those which it may acquire by the future treaty of peace; and His Most Christian Majesty guaranties, on his part, to the United States, their liberty, sovereignty, and independence, absolute and unlimited, as well in matters of government as commerce, and also their possessions, and the additions or conquests, that their confederation might obtain during the war, according to the said treaty; and the said parties did further agree and declare, that in case of a rupture between France and England, the said reciprocal guarantee should have its full force and effect, the moment such war should break out; and whereas doubts may hereafter arise how far the said guarantee extends to this case, to wit; that Great Britain should molest or disturb the subjects and inhabitants of France, or of the said States, in taking fish on the banks of Newfoundland, and other the fishing banks and seas of North America, formerly and usually frequented by the subjects and inhabitants respectively; and whereas the said king and the United States have thought proper to determine with precision the true intent and meaning of the said guarantee in this respect;

Now, therefore, as a further demonstration of their mutual good will and affection, it is hereby agreed, concluded, and determined as follows, to wit; that if, after the conclusion of the treaty or treaties, which shall terminate the present war, Great Britain shall molest or disturb the subjects or inhabitants of the said United States in taking fish on the banks, seas, and places formerly used and frequented by them, so as not to encroach on the territorial rights, which may remain to her after the termination of the present war as aforesaid; and war should thereupon break out between the said United States and Great Britain, or if Great Britain shall molest or disturb the subjects and inhabitants of France in taking fish on the banks, seas, and places, formerly used and frequented by them, so as to encroach on the territorial rights of Great Britain, as aforesaid, and war should thereupon break out between France and Great Britain, in either of those cases of war, as aforesaid, His Most Christian Majesty and the said United States shall make it a common cause, and aid each other mutually with their good offices, their counsels, and their forces, according to the exigence of conjunctures, as becomes good and faithful allies; provided always, that nothing herein contained shall be taken or understood as contrary to, or inconsistent with the true intent and meaning of the treaties already subsisting between His Most Christian Majesty and the said States; but the same shall be taken and understood as explanatory of, and conformable to those treaties.

I have the honor to be, &c.

JOHN JAY, _President_.

TO THE MARQUIS DE LAFAYETTE.

Pa.s.sy, August 24th, 1779.

Sir,

The Congress, sensible of your merit towards the United States, but unable adequately to reward it, determined to present you with a sword, as a small mark of their grateful acknowledgment. They directed it to be ornamented with suitable devices. Some of the princ.i.p.al actions of the war, in which you distinguished yourself by your bravery and conduct, are therefore represented upon it. These, with a few emblematic figures, all admirably well executed, make its princ.i.p.al value. By the help of the exquisite artists France affords, I find it easy to express everything but the sense we have of your worth, and our obligations to you. For this, figures, and even words, are found insufficient. I therefore only add, that, with the most perfect esteem,

I have the honor to be, &c.

B. FRANKLIN.

_P. S._ My grandson goes to Havre with the sword, and will have the honor of presenting it to you.

THE MARQUIS DE LAFAYETTE TO B. FRANKLIN.

Havre, August 29th, 1779.

Sir,