_Between Captain John Paul Jones and the Officers of the Squadron._

Translation.

Agreement between Messieurs John Paul Jones, Captain of the Bon Homme Richard; Pierre Landais, Captain of the Alliance; Dennis Nicolas Cottineau, Captain of the Pallas; Joseph Varage, Captain of the Stag; and Philip Nicolas Ricot, Captain of the Vengeance; composing a squadron, that shall be commanded by the oldest officer of the highest grade, and so on in succession in case of death or retreat. None of the said commanders, whilst they are not separated from the said squadron, by order of the Minister, shall act but by virtue of the brevet, which they shall have obtained from the United States of America, and it is agreed that the flag of the United States shall be displayed.

The division of prizes to the superior officers and crews of the said squadron, shall be made agreeably to the American laws; but it is agreed, that the proportion of the whole, coming to each vessel in the squadron, shall be regulated by the Minister of the Marine Department of France, and the Minister Plenipotentiary of the United States of America.

A copy of the American laws shall be annexed to the present agreement, after having been certified by the commander of the Bon Homme Richard; but as the said laws cannot foresee nor determine as to what may concern the vessels and subjects of other nations, it is expressly agreed, that whatever may be contrary to them shall be regulated by the Minister of the French Marine, and the Minister Plenipotentiary of the United States of America.

It is likewise agreed, that the orders given by the Minister of the French Marine, and the Minister Plenipotentiary of the United States of America, shall be executed.

Considering the necessity there is of preserving the interests of each individual, the prizes that shall be taken shall be remitted to the orders of Monsieur le Ray de Chaumont, Honorary Intendant of the Royal Hotel of Invalids, who has furnished the expenses of the armament of the said squadron.

It has been agreed, that M. le Ray de Chaumont be requested not to give up the part of the prizes coming to all the crews, and to each individual of the said squadron, but to their order, and to be responsible for the same in his own proper name.

Whereas the said squadron has been formed for the purpose of injuring the common enemies of France and America, it has been agreed that such armed vessels, whether French or American, may be a.s.sociated therewith, as by common consent shall be found suitable for the purpose, and that they shall have such proportion of the prizes, which shall be taken, as the laws of their respective countries allow them.

In case of the death of any one of the beforementioned commanders of vessels, he shall be replaced agreeably to the order of the tariff, with liberty, however, to choose whether he will remain on board his own vessel, and give up to the next in order the command of the vacant ship.

It has moreover been agreed, that the commander of the Stag shall be excepted from the last article of this present agreement, because in case of a disaster to M. de Varage, he shall be replaced by his second in command, and so on by the other officers of his cutter, the Stag.

J. P. JONES, P. LANDAIS, DE COTTINEAU, VARAGE, P. RICOT, LE RAY DE CHAUMONT.

JAMES LOVELL TO B. FRANKLIN.

March 31st, 1781.

Sir,

I send you a few newspapers, and the last monthly journals which have come from the press. The enemy will tell their own story of the naval engagement on the 16th. They have ventured nearer to truth in Rivington"s Royal Gazette than almost at any one time before, since the very commencement of hostilities. Our allies conducted most gallantly, and the enemy are so convinced of the activity of the French commander, that they have not ventured to remain in the Chesapeake Bay, to do all the damage which the event of the battle had put in their power.

I send you General Greene"s account of an affair between him and Cornwallis on the 15th. It differs but little from the prints. I will endeavor to have it struck at the press. You shall have it, at least, with our good Secretary"s attestation, which is in the best credit, even with the enemy.

The opportunity of sending is too precarious to admit of my enlarging.

Your most humble servant, JAMES LOVELL, _For the Committee of Foreign Affairs_.

JAMES LOVELL TO B. FRANKLIN.

Philadelphia, May 9th, 1781.

Sir,

Mr Samuel Curson and Mr Isaac Gouverneur, Jun. of St Eustatia, after that place was taken, were sent to England in the Vengeance man of war, Commodore Hotham, stripped of everything but their wearing apparel; their books, papers, and slaves having been taken from them, and Mrs Gouverneur, with a young infant, turned out of doors. Special severity, it is supposed, has been shown to them in consequence of their acting as agents to Congress. Doctor John Witherspoon, Jun.

also, who was surgeon of the De Graaff letter of marque, taken at St Eustatia, is sent to England in the Alimena man of war, and very hardly treated on account of his father being a member of Congress, as is supposed.

Your particular attention to the exchange of these persons will tend to give confidence to all, who being connected specially with Congress are exposed to captivity, and will also very particularly oblige the relations of these unfortunates, who have requested Congress to mention these circ.u.mstances to you.

Your most humble servant, JAMES LOVELL, _For the Committee of Foreign Affairs_.

TO M. DE LAFAYETTE.

Pa.s.sy, May 14th, 1781.

Dear Sir,

You are a very good correspondent, which I do not deserve, as I am a bad one. The truth is, I have too much business upon my hands, a great deal of it foreign to my function as a minister, which interferes with my writing regularly to my friends. But I am nevertheless extremely sensible of your kindness in sending me such frequent and full intelligence of the state of affairs on your side of the water, and in letting me see by your letters, that your health continues, as well as your zeal for our cause and country.

I hope, that by this time the ship, which has the honor of bearing your name, is safely arrived. She carries clothing for nearly twenty thousand men, with arms, ammunition, &c. which will supply some of your wants, and Colonel Laurens will bring a considerable addition, if Providence favors his pa.s.sage. You will receive from him the particulars, which makes my writing more fully by him unnecessary.

Your friends have heard of your being gone against the traitor Arnold, and are anxious to hear of your success, and that you have brought him to punishment. Enclosed is a copy of a letter from his agent in England, captured by one of our cruisers, and by which the price or reward he received for his treachery may be guessed at. Judas sold only one man, Arnold three millions. Judas got for his one man thirty pieces of silver, Arnold not a halfpenny a head. A miserable bargain! especially when one considers the quant.i.ty of infamy he has acquired to himself, and entailed on his family.

The English are in a fair way of gaining still more enemies; they play a desperate game. Fortune may favor them as it sometimes does a drunken dicer; but by their tyranny in the East, they have at length roused the powers there against them, and I do not know that they have in the West a single friend. If they lose their India commerce, (which is one of their present great supports,) and one battle at sea, their credit is gone, and their power follows. Thus empires, by pride, folly, and extravagance, ruin themselves like individuals. M. de la Motte Piquet has s.n.a.t.c.hed from between their teeth a good deal of their West India prey, having taken twentytwo sail of their homeward bound prizes. One of our American privateers has taken two more, and brought them into Brest, and two were burnt; there were thirtyfour in company, with two men of war of the line and two frigates, who saved themselves by flight, but we do not hear of their being yet got in.

I think it was a wise measure to send Colonel Laurens here, who could speak knowingly of the state of the army. It has been attended with all the success that perhaps could reasonably be expected, though not with all that was wished. He has fully justified your character of him, and returns thoroughly possessed of my esteem; but that cannot and ought not to please him so much, as a little more money would have done for his beloved army. This Court continues firm and steady in its friendship, and does everything it can for us. Can we not do a little more for ourselves? My successor (for I have desired the Congress to send me one) will find it in the best disposition towards us, and I hope he will take care to cultivate that disposition. You, who know the leading people of both countries, can perhaps judge better than any member of Congress of a person suitable for this station. I wish you may be in a way to give your advice, when the matter is agitated in that a.s.sembly. I have been long tired of the trade of minister, and wished for a little repose before I went to sleep for good and all. I thought I might have held out till the peace, but as that seems at a greater distance than the end of my days, I grow impatient. I would not, however, quit the service of the public, if I did not sincerely think that it would be easy for the Congress, with your counsel, to find a fitter man. G.o.d bless you, and crown all your labors with success.

With the highest regard and most sincere affection, I am, dear Sir, &c.

B. FRANKLIN.

TO THE PRESIDENT OF CONGRESS.

Pa.s.sy, May 14th, 1781.

Sir,

I did myself the honor of writing to your Excellency pretty fully on the 12th of March, to which I beg leave to refer. Colonel Laurens arriving soon after, we renewed the application for more money.

His indefatigable endeavors have brought the good dispositions of this Court to a more speedy determination of making an addition, than could well have been expected so soon after the former grant. As he will have an opportunity of acquainting you personally with all the particulars of importance, a circ.u.mstantial account of the transaction from me is unnecessary. I would only mention, that as it is the practice here to consider early in the year the probable expenses of the campaign, and appropriate the revenues to the several necessary services, all subsequent and unexpected demands are extremely inconvenient and disagreeable, as they cannot be answered without difficulty, occasion much embarra.s.sment, and are sometimes impracticable. If, therefore, the Congress have not on this occasion obtained all they wished, they will impute it to the right cause, and not suppose a want of good will in our friends, who indeed are such, most firmly and sincerely.

The whole supply for the current year now amounts to twenty millions; but out of this are to be paid your usual drafts for interest money, those in favor of M. de Beaumarchais, and those heretofore drawn on Mr Jay and Mr Laurens, which I have already either paid or engaged for, with the support of your several Ministers, &c. &c. which I mention, that the Congress may avoid embarra.s.sing my successor with drafts, which perhaps he may not have the means in his hands of honoring.

Besides paying the second year"s salaries of Messrs Adams and Dana, Jay and Carmichael, I have furnished Mr Dana with 1,500 sterling credit on Petersburgh, for which place I suppose he is now on his way.

You will receive from Holland advices of the late declaration of that Court, with regard to the English refusal of its mediation, and of the a.s.sistance requested by the States-General. I hope Mr Dana will find it well disposed towards us.

I have received no answer yet to my letters relating to the proposed mode of lodging funds here, by supplying the French fleet and army.

Having as yet heard nothing of Colonel Palfrey, and it being now more than four months since he sailed, there is great reason to fear he may be lost. If that should unhappily be the case, the Congress cannot too soon appoint another consul, such an officer being really necessary here. Your Minister Plenipotentiary has. .h.i.therto had all that sort of business upon his hands, and as I do not now speak for myself, I may speak more freely, I think he should be freed from the burden of such affairs, from all concerns in making contracts for furnishing supplies, and from all your bill of exchange business, &c. &c. that he may be more at liberty to attend to the duties of his political function.

The prisoners in England are increasing by the late practice of sending our people from New York, and the refusal of the English Admiralty to exchange any Americans for Englishmen not taken by American armed vessels. I would mention it for the consideration of Congress, whether it may not be well to set apart five or six hundred English prisoners, and refuse them all exchange in America, but for our countrymen now confined in England.

Agreeably to the vote of Congress, and your Excellency"s letter of the 4th of January, I have requested the a.s.sistance of this Court for obtaining the release of Mr President Laurens. It does not yet appear that the thing is practicable. What the present situation is of that unfortunate gentleman, may be gathered from the enclosed letters.[26]

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