B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.
JOHN PAUL JONES TO ABRAHAM WHIPPLE.
Brest, August 18th, 1778.
Sir,
I request that you will summon a court martial for the trial of Lieutenant Thomas Simpson, with whose conduct I have been and am unsatisfied, and who is now under suspension for disobedience of my written orders.
I am, Sir, with due regard, your most humble servant,
JOHN PAUL JONES.
ABRAHAM WHIPPLE TO JOHN PAUL JONES.
Brest, August 19, 1778.
Sir,
I am honored with your letter of this day, requesting that I will summon a Court Martial for the trial of Lieutenant Thomas Simpson, with whose conduct you have been and are unsatisfied, and who, you say, is under suspension for disobedience to your written orders.
Having maturely considered the contents of your letter, and with as much accuracy as possible attended to every particular, I return for answer the subjoined reasons, which will at once explain the impossibility of calling a Court Martial, and fully acquaint you with my sentiments on that subject.
You are sensible that the Continental regulations have expressly ordered, that a Court Martial shall consist of at least three Captains, which is impossible, as Captain Hinman declines to sit, he expecting a Court of Inquiry upon his own conduct on his arrival in America, and having a.s.signed a reason of so forcible a nature, I think he is acting a part at once prudent and becoming.
You will permit the remark, that by Lieutenant Simpson"s parole, taken by yourself June 10th, 1778, Lieutenant Simpson engaged on his parole of honor to consider himself as under suspension till he shall be called upon to meet you face to face before a Court Martial, unless you should, in the meantime, release him from his parole, which I conceive that you have done by your letter of the 16th of July to the honorable Commissioners, where you mention that you are willing to let the dispute drop forever, by giving up that parole, which would ent.i.tle Lieutenant Simpson to the command of the Ranger; that this, as you bore no malice, would be making him all the present satisfaction in your power, provided that you had injured him, and that you will trust to himself to make an acknowledgment, if, on the contrary, he has injured you. In my opinion, this is giving up his parole in the most ample manner, as it does not appear to me that you made, by letter or otherwise, any compact or agreement with Lieutenant Simpson, that he should make any concessions on his part, or any thing of that nature, neither that he was to be answerable to a Court Martial when the supposed crime was blotted out, for which he was at first responsible.
I believe that the honorable Commissioners accepted it in the same light, as by their letter of the same date it would seem you gave them the greatest satisfaction in affording them an opportunity to reinstate Lieutenant Simpson on board the Ranger. The Commissioners further order him to take the command of the Ranger, as her first Lieutenant, and to join me and to obey my orders, all which sufficiently evinces that Lieutenant Simpson is no longer considered as under suspension, and consequently cannot be responsible to a Court Martial for disobedience to written orders from you, from which he is amply released by your voluntary surrender of his parole. However, if this explanation, attempted to be made in the most candid manner, should not prove agreeable, I beg leave to refer you to the absolute impossibility of calling a Court Martial, agreeable to the resolves of Congress, and flatter myself that you will believe me to be, with due respect, Sir, your most obedient and most humble servant,
ABRAHAM WHIPPLE.
TO JOHN PAUL JONES.
Pa.s.sy, August 22d, 1778.
Sir,
We have received your letter of the 15th, and have written to Captain Whipple to appoint a Court Martial for the trial of Lieutenant Simpson, provided there is a sufficient number of officers to const.i.tute one. This, however, is not to make any change in his command of the Ranger until the trial is over; nor then, unless the judgment of that Court is against him.
We are, sir, &c.
B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.
TO COUNT DE VERGENNES.
Pa.s.sy, August 28th, 1778.
Sir,
There are several subjects which we find it necessary to lay before your Excellency, and to which we have the honor to request your attention.
At a time when the circ.u.mstances of the war may demand the attention of government, and, without doubt, call for so great expense, we are sorry to be obliged to request your Excellency"s advice respecting the subject of money; but the nature of the war in America, the vast extent of country to defend, and this defence having been made chiefly by militia engaged for short periods, which often obliged us to pay more men than could be brought into actual service; and above all, this war having been conducted in the midst of thirteen revolutions of civil government, against a nation very powerful both by sea and land, has occasioned a very great expense to a country so young, and to a government so unsettled. This has made emissions of paper money indispensable, in much larger sums than in the ordinary course of business is necessary, or than in any other circ.u.mstances would have been politic. In order to avoid the necessity of further emissions as much as possible, the Congress have borrowed large sums of this paper money of the possessors upon interest, and have promised the lenders payment of that interest in Europe, and we therefore expect, that vessels from America will bring bills of exchange upon us for that interest, a large sum of which is now due.
It is very, true that our country is already under obligations to his Majesty"s goodness, for considerable sums of money; the necessities of the United States have been such, that the sums, heretofore generously furnished, are nearly if not quite expended, and when your Excellency considers, that the American trade has been almost entirely interrupted by the British power at sea, they having taken as many of our vessels as to render this trade more advantageous to our enemy than to ourselves; that our frigates and other vessels, which have arrived in this Kingdom, have cost us a great sum; that the provision of clothing and all the necessaries of war for our army, except such as we could make in that country, have been shipped from hence at our expense; that the expense we have been obliged to incur for our unfortunate countrymen, who have been prisoners in England, as well as the maintenance of those taken from the enemy has been very considerable; your Excellency will not be surprised when you are informed, that our resources are exhausted.
We, therefore, hope for the continuance of his Majesty"s generosity, and that the quarterly payment of seven hundred and fifty thousand livres may be continued. And we a.s.sure your Excellency, that the moment we are furnished with any other means of answering this demand, we will no longer trespa.s.s on his Majesty"s goodness.
We have further to inform your Excellency, that we are empowered and instructed by Congress, to borrow in Europe a sum of money to the amount of two millions sterling; which is to be appropriated to the express purpose of redeeming so many of the bills of credit in America, as will be sufficient, it is apprehended, to restore the remainder to their original value. We, therefore, request his Majesty"s permission to borrow such part of that sum in his Majesty"s kingdom, as we may find opportunity. Although we are empowered to offer a larger interest than is usually given, by his Majesty, yet that we may not be any interruption to his Majesty"s service, we are willing and desirous of limiting the interest which we may offer, to the same that is given by his Majesty. And in this way, although most persons will choose to lend their money to his Majesty, yet there may be others desirous of forming connexions of trade with the people in America, who will be willing to serve them in this way. And perhaps nothing will have a greater tendency to cement the connexion between the two nations, so happily begun, or to insure to the French nation the benefits of the American trade, than something of this kind.
By the 8th article of the treaty of commerce, his Majesty has engaged to employ his good offices and interpositions with the Emperor of Morocco, and with the regencies of Algiers, Tunis, Tripoli, and the other powers on the coast of Barbary, in order to provide as fully as possible for the convenience and safety of the inhabitants of the United States, and their vessels and effects, against all violence, insults, attacks, or depredations on the part of the said princes.
We have received information, that there are already American vessels in Italy desirous of returning thence, and that there are merchants in Italy desirous of entering into the American trade, but that an apprehension of danger from the Corsairs of Barbary is a discouragement. We therefore request your Excellency"s attention to this case, and such a.s.sistance from his Majesty"s good offices, as was intended by the treaty.
There is another thing that has occurred of late, on which we have the honor to request your Excellency"s advice. There are many Americans in England, and in other parts of Europe, some of whom are excellent citizens, and who wish for nothing so much as to return to their native country, and to take their share in her fortune, whatever that may be, but are apprehensive of many difficulties in recovering their property.
Whether it will be practicable and consistent with his Majesty"s interest to prescribe any mode by which Americans of the above description may be permitted to pa.s.s through this Kingdom with their apparel, furniture, plate, and other effects, not merchandise for sale here, without paying duties, we submit to his wisdom.
We likewise request of your Excellency a pa.s.sport for such cartel ship as shall be employed by the English in sending our people, who are their prisoners, to France to be exchanged. They propose Calais as the port at which the exchange may be made, but as the prisoners we have are at Brest, and the expense of removing them to Calais would be considerable, we should be glad that the pa.s.sport would permit the landing of our people as near Brest as may be, without danger of inconveniency to the State.
We have the honor to be, with respect, your Excellency"s, &c.
B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.
DECLARATION
_Of Count de Vergennes, annulling the Eleventh and Twelfth Articles of the Commercial Treaty with France._
Translation.
The General Congress of the United States of North America having represented to the king, that the execution of the 11th article of the treaty of amity and commerce, signed the 6th of February last, might be productive of inconveniencies, and having, therefore, desired the suppression of this article, consenting in return that the 12th article shall likewise be of no effect; his Majesty, in order to give a new proof of his affection, as also of his desire to consolidate the union and good correspondence established between the two States, has been pleased to consider their representations. His Majesty has consequently declared, and does declare by these presents, that he consents to the suppression of the 11th and 12th articles aforementioned, and that it is his intention, that they be considered as having never been comprehended in the treaty signed the 6th of February last.
Done at Versailles, this 1st day of September, 1778.
GRAVIER DE VERGENNES.
DECLARATION
_Of the American Commissioners, annulling the Eleventh and Twelfth Articles of the same Treaty._