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66 DE VERGENNES."

Carolina. In the case you have, I make not | filled all his promises, your petitioners were the least doubt, but you will look upon it as patiently waiting the day for the fulfilment matter of justice, to discharge the said debt, of the last, when to their great surprise and and should you have none, I request it of you sorrow, they were informed of the departure as a favour, that you would strongly recom- of their debtor, with a rich cargo from the mend to congress the interests of Messieurs La Texel for America, where it is supposed that Marque and Fabre. he arrived about the latter end of September, if not molested in his way, being a prime sailer. At the receipt of this affecting piece of intelligence, the first care of your excellency's petitioners, was to apply to Mr. Franklin, the minister of the United States of America, and relate to him the sad situation they were in; who having perused the contract and the engagements entered into by the said Mr. Gillon, assured them that they had the guarantee of the state of South Carolina, that they should lose nothing, and he would use his influence in their behalf.

"Mr. Franklin does not know that the following memorial concerns the congress, but at the request of M. de Vergennes, trans

mits it.

B. F."

"A memorial from Messrs. La Marque and Fabre, to his excellency the count de Vergennes, minister and secretary of state, for the department of foreign affairs.

"Though the debt is secured by the gua

"MAY IT PLEASE YOUR EXCELLENCY,―The memorial of the Sieurs La Marque and Fa-rantee of that state, the time of payment bebre, merchant drapers in Paris, St. Bond street, humbly showeth, that on the 12th April, 1780, your petitioners contracted to supply clothing for troops with Mr. Gillon, who was in the service of the United States of America, being commodore from the state of South Carolina, and their representative invested with powers from them; and that this contract was on our part, executed to the satisfaction of the said Mr. Gillon, who in consequence drew bills on the house of Messieurs Banquet and Pache, bankers in Paris, payable to your petitioners in July 1781, to the amount of £50,227, and for other articles furnished, he is debtor in all for £51,291.

"Last May, said Mr. Gillon, being then in Paris, promised your petitioners that on his arrival in Amsterdam, he would procure them the amount of the balance due to them from his correspondents in the said city, they took his word for it, and expected payment in this way. Your petitioners, sir, received a letter from said commodore, dated the 19th July, in which he wrote them, that having settled his affairs with bills at six and nine months sight, he would be glad to know of them, whether it would suit them to take the acceptations of a solid house in Amsterdam, at six and nine and twelve months, with offer to make good to them the delay of payment. The 27th of the same month, an answer was sent to said Mr. Gillon, that his offers were accepted; this last letter, sir, has remained without any direct answer from the debtor of your petitioners, as well as those that have been wrote since, he contenting himself to get his nephew, named Nixon, to write, that though Mr. Gillon's armament in the Texel engrossed his attention, yet he did not lose sight of our object, which he would terminate in a manner satisfactory to us, at his return to Amsterdam, which we might depend upon. The said commodore having hitherto most strictly ful

ing not determined, and your petitioners being under engagements to be fulfilled, and contracted on account of the articles delivered to said Mr. Gillon, in order to accelerate the payment of what is due to them, they flatter themselves, that if your excellency would honour them with his recommendation to Mr. Franklin, this minister of the United States, in consequence of his benevolence, and in order to prevent the injury which the national credit of his country might receive from the conduct of the commodore who was invested with powers from his state, which like the rest of them, is under the authority of congress, we presume to think that for a sum so inconsiderable with respect to the United States, though very considerable to your petitioners, Mr. Franklin would not refuse to take measures with them for the discharge of the debt, which might be made payable at such periods of time as he would choose. No words could express the sense of gratitude, your petitioners would feel, would your excellency condescend to recommend their case to Mr. Franklin.

"This minister could be able to recover the debt even before the time, for the fulfilment of the obligations he might contract was elapsed, said Mr. Gillon having sailed in one of the strongest and best sailing frigates, named after, and belonging to the said state, the crew whereof were clothed partly with the supplies your petitioners have furnished; your petitioners have not the least doubt but that the first care of the commodore after his arrival, will be to make remittances to them, and thereby discharge himself and the province he belongs to; which remittances Mr. Franklin himself could receive was he to be so kind as to comply with the proposals of your petitioners, by writing himself to America for the purpose.

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"May God in mercy grant the prayers sent

up to Heaven in behalf of your excellency, by your most humble petitioners.

66

Your excellency's petitioners having just been informed by Mr. Franklin, that Mr. Gillon instead of going to America had put into Corunna to take in provisions, having consumed those he took in whilst in the Texel, during the few weeks he was cruising on the coast of England, have wrote this day to Monsieur Destournelles, his majesty's consul at Corunna, requesting him to compel, by virtue of the vouchers sent to him, the said commodore to pay the £51,291 he owes to your excellency's petitioners, and as they have no prospect should this opportunity fail, to receive this sum till after the long process of time, as Mr. Franklin told them, they humbly request your excellency to honour them with his protection, and to require that orders be given for this sum to be secured in case your petitioners be not too late, and said Mr. Gillon has not sailed from Corunna."

"Thomas M'Kean, President of Congress.

"PASSY, November 5, 1781.

"SIR,-Herewith you will receive a copy of my last, since which I have been honoured with two letters from the late president, the one dated March 2d, relating to captain Jones's cross of merit, which I have communicated as directed; the other dated July 5th, respecting the release and exchange of Mr. Laurens. Having no direct communication with the British ministers, and Mr. Burke appearing by a letter to me warmly interested in favour of his friend, general Burgoyne, to prevent his being recalled, I have requested and impowered him to negotiate that exchange, and I soon expect his answer.

ing, by which the Englishmen promised either to send of our people in exchange, or to surrender themselves to me in France; not one of which has been regarded, so little faith and honour remains in that corrupted nation. Our privateers when in the European seas, will rarely bring in their prisoners, when they can get rid of them at sea.

"Some of our poor brave countrymen have been in that cruel captivity now near four years. I hope the congress will take this matter into immediate consideration, and find some means for their deliverance, and to prevent the sending more from America. By my last accounts, the number now in the several prisons amount to upwards of eight hundred. I request also some directions from congress (having never received any) respecting the allowance to be made to them, while they remain there. They complain that the food given them is insufficient. Their petition to the English government, to have an equal allowance with the French and Spanish prisoners, has been rejected; which makes the small pecuniary assistance I can send them, more necessary. If a certain number of English prisoners could be set apart in America, treated exactly in the same manner, and their exchange refused till it should be agreed to set those at liberty in Europe, one might hope to succeed in procuring the dis charge of our people. Those who escape and pass through France to get home, put me also to a very great expense for their land journeys, which would be prevented if they were exchanged, as they would be landed here in the ports.

an English privateer, and setting her at liberty. And he requested me to communicate this acknowledgment to congress.

"The ambassador of Venice told me, that he was charged by the senate to express to me their grateful sense of the friendly behaviour The late practice of sending to England of captain Barry, commander of the Alliance, prisoners taken in America, has greatly aug-in rescuing one of the ships of their state from mented the number of those unfortunate men, and proportionably increased the expense of relieving them. The subscriptions for that purpose in England have ceased. The allowance I have made them of sixpence each per week, during the summer, though small, amounts to a considerable sum; and during the winter I shall be obliged to double, if not treble it. The admiralty there will not accept any English in exchange, but such as have been taken by Americans; and absolutely refuse to allow any of the paroles given to our privateers by English prisoners discharged at sea, except in one instance, that of fiftythree men taken in the Snake sloop, by the Pilgrim and Rambler, which was a case attended, as they say, with some particular circumstances. I know not what the circumstances were, but shall be glad to see the fifty- "The mediation proposed, is not yet agreed three of our people, whom they promised to to by England, who refuses to treat with our send me by the first cartel. I have above five United States but as a sovereign with subhundred other paroles, solemnly given in writ-jects; and I apprehend that a change in that

"There is a complaint from Holland against captain Jones, for having taken the brigantine Berkenbosch, and sending her to America; and I have been desired to lay before congress the enclosed depositions relating to that capture, and to request their attention to it. The ambassador of Portugal also, frequently asks me if I have received any answer to their complaint long since sent over; I wish it was in my power to give him one of some kind or other. But none has yet come to my hands. I need not mention the importance of attending to the smallest complaints. The neglect of them sometimes having very serious consequences.

resolution is only to be expected from time, the growing insupportable expense of the war, or a course of misfortunes in the progress of it. The spirits of that nation have been continually kept up by the flattering accounts sent over of our being weary of the contest, and on the point of submission. Their ministers, as appears by their intercepted letters, have been themselves so far deceived, as to expect daily those submissions, and to have the pleasure of laying them before the king. We may perhaps be able to guess a little by the king's speech, at the approaching new session of parliament, whether they still continue under this delusion. As long as it subsists, peace is not to be expected.

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A loan has been proposed to be obtained for us of the states of Holland, on the credit of this government. All public operations are slow in that country, and though the affair is at length said to be concluded, it is not yet executed. Considerable advances have, however, been made here in expectation of being reimbursed by it. The last aids granted us, have been so absorbed by my payment of the drafts on Mr. Jay and Mr. Adams, and acceptance of those for the enormous unexpected purchases in Holland, which were to have gone in captain Gillon's ship, but left behind, that I shall have nothing to spare for extraordinaries, unless some of the Holland loan comes soon into my hands. I am now told from Amsterdam, that the two ships freighted there to carry these goods are detained, as their contract was to sail under convoy of the South Carolina, which left them, and they must now take more men to defend them; and of consequence claim a higher freight, and to have it paid before they sail, unless I will buy the ships and send them on account of congress, neither of which is in my power to do. It was with reluctance I engaged in that affair, having little confidence in captain Gillon's management; and fearing some embarrassment of our credit, I consented in fine, to engage for the payment of ten thousand pounds sterling, being the value of the goods suitable for congress, said to be already shipped in that vessel; and as there was said to be still more room, and she was thought a safe conveyance to furnish an additional sum to fill that supposed vacancy, which I limited to five thousand pounds sterling_more. You will judge of my surprise, when I saw the accounts of that additional purchase, which amounted instead of five, to fifty thousand thousand pounds sterling. I at first absolutely refused to pay for them. But captain Jackson came to me from thence express, urged that the purchase was made by order of colonel Laurens, that the goods were on board; that if I would not undertake to pay for them, they must be re-landed and returned or sold, which would be a public disgrace to us; that

they were all articles exceedingly wanted in America, &c. In fine, I was prevailed upon and accepted the bills, and was obliged to go with this after-clap to the ministers, a proceeding always disagreeable, after the dispositions of the funds of the year have been arranged; and more so in this case, as the money was to be paid for the manufactures of other countries, and not laid out in those of this kingdom, by whose friendship it was furnished. This fresh grant was at first absolutely refused. At length I obtained it, and I hoped the difficulty was over. But after all the officers declare the ship overloaded, that there was not room to lodge the people and provisions, nor to act in fighting her; the goods are turned out into two other ships, those are left, and it is now proposed to me either to buy them, or to advance a freight nearly equal to the value. I cannot make a new demand for this purpose, and I shall not wonder if this government, observing how badly our shipping and transporting the supplies is managed, should take that business for the future entirely into its own hands, as they have begun to do in the case of replacing the cargo of the Marquis de la Fayette, and indeed until some active, intelligent person, skilled in maritime affairs, is placed here as consul, I cannot but think it will be much better executed, and more for our advantage. Some considerable parts of that new cargo are already shipped, and the rest I hear in great forwardness.

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The very friendly disposition of this court still continues, and will I hope continue for ever. From my own inclination, as well as in obedience to the order of congress, every thing in my power shall be done to cultivate that disposition, but I trust it will be remembered that the best friends may be overburdened; that by too frequent, too large, and too unfortunate demands upon it, the most cordial friendship may be wearied; and as nothing is more teazing than repeated unexpected demands for money, I hope the congress will absolutely put an end to the practice of drawing on their ministers, and thereby obliging them to worry their respective courts for the means of payment. It may have otherwise very ill effects in depressing the spirit of a minister, and destroying that freedom of representation, which on many occasions it might be proper for him to make use of.

"I heartily congratulate you, sir, on your being called to the honourable and important office of president, and wish you every kind of prosperity. B. FRANKLIN.”

Protest of Captain Ary de Neif, command

ing the brigantine Berkenbosch. "On the 4th of August, 1780, captain Ary de Neif, commanding the brigantine Berkenbosch, the property of Messrs. Van de Perre

and Myneers of Middleburg in Zealand, being duly sworn upon the Holy Evangelists of Almighty God, before Alexander Jeune, secretary, of the noble granted general, West India company, at St. Eustatia, did depose and say, that on the fifteenth day of August, 1779, he sailed from Middleburg, in the abovementioned brigantine, bound for Liverpool, where he arrived on the twenty-seventh day of August, 1779; that at Liverpool, he took in a cargo of lead and pilchards, from whence he sailed on the 27th day of December, 1779 for Leghorn, that on the eighth day of January 1780, in the northern latitude of 40 degrees, longitude 3 degrees and 34 minutes, he fell in with captain John P. Jones, who hailed the brig, and ordered the said captain Ary de Neif, together with all his papers on board the Lion, (captain Jones's own ship.) Then he (captain John Paul Jones) examined captain Ary de Neif's papers, and broke the seals of all his letters, at the same time declaring his vessel to be a lawful prize, upon the principle of her being American property, though assured by captain de Neif, that though she was formerly American property, she then belonged to the subjects of the United Provinces, and that captain Jones might see it by his papers; that captain Jones answered, that every thing was English property, and asked him what wages would be an inducement for him to navigate the said brigantine Berkenbosch to America, he putting on board her some of his own crew, and taking her crew on board the Lion; that his proposal, though often urged by captain Jones, captain Ary de Neif refused accepting. That captain Jones then sent a prize-master and four men on board the brigantine, at the same time ordering four men and a boy of the brig's crew on board his own ship. That he kept captain Ary de Neif closely confined on board the Lion, till the ninth instant, when he permitted the captain, a passenger, and one man to go on board and depart with the brig, detaining the cook on board the Lion: that on the eleventh of March he was taken within sight of St. Eustatia, by two British ships of war, and that one eighth part of his cargo was condemned by a court of admiralty at Barbadoes, and that his protest against captain Jones, and the two captains of his Britannic majesty's ships, for breaking open his letters, examining his papers, depriving him of part of his crew, and condemning one eighth part of his cargo."

Certificate from captain Ary de Neif to chevalier Jones.

"I Ary de Neif, master of the brigantine called the Berkenbosch, from Liverpool to Leghorn, do certify to the best of my knowledge and belief, that the whole of the cargo on board my said vessel, is really and truly

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"MADAM, I received the letter you did me the honour of writing to me the 26th of last month: in answer to which I ought to inform you, that I was born in America, now near 76 years since; that I never was in Ireland till the year 1773, which was for a few weeks only, and I did not pass thence to America with any person of my name, but returned to England; nor had I ever any knowledge of the John Franklin you mention. I have exact accounts of every person of my family since the year 1555, when it was established in England, and am certain that none of them but myself since that time were ever in Ireland. The name of Franklin is common among the English of the two nations, but there are a number of different families who bear it, and who have no relation to each other. It would be a pleasure to me to discover a relation in Europe, possessing the amiable sentiments expressed in your letter. I assure you I should not disown the meanest. I should also be glad if I could give you a satisfactory account of your family; but I really know nothing of them. I have therefore not the ho nour of being related to them, but I have that of being, madam, B. FRANKLIN.”

"To Governor Pownall, London.

"PASSY, November 23, 1781.

"DEAR SIR,-I received your favour by Mr. Hobart. I caused an application to be made to Almon in behalf of Mrs. Barry, but do not learn that it is like to meet with any

be sent him from the army in Virginia, and that there are hopes of his reducing Charlestown. You have probably in the enclosed packet the account of his last great action. Comte de Grasse sailed the 30th with the fleet, and part of the land-forces. His desti

nation is not mentioned."

success. As the transaction was between yourself and him, no other person but you can claim with authority; I must therefore beg Captain John Paul Jones to M. Dumas. for the poor good woman's sake, that you would do something effectual in it.

"I also request that you would send the copies you mention to me here, directed to the care of Mr. Bowen at Ostend; and that the plate may be packed with them.

"I wish most heartily with you, that this cursed war was at an end: but I despair of seeing it finished in my time. Your thirsty nation has not yet drank enough of our blood. I am authorized to treat of peace whenever she is disposed to it, but I saw inconveniences in meeting and discoursing with you on the subject, or with any one not avowed by your ministry; having already experienced such, in several instances. Mr. Hobart appeared not fully acquainted with your ideas, and as he could not communicate them, I could make no judgment of them. My best wishes attend you, being with the old long-continuB. FRANKLIN."

ed esteem,

"John Adams.

"PASSY, Nov. 26, 1781.

"PORTSMOUTH, N. H. December 10, 1781. "DEAR SIR,-This letter is intended to be presented to you by major Sherburne, of this state, who will tell you his own story and part of mine. You will present him with my respects to madame Dumas and the virgin

muse.

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"I am happy that the pitiful sir Joseph' has been besieged by the great man,' and forced to evacuate his strong hold with disgrace!-The author of Hamlet has not given him more surprise at the sight of his father's ghost, than the world has felt to see the Belgians roused from the lethargy of a century! May their long reluctant swords now fall with double vengeance on the insolent heads of their enemies! May the marine be inspired with the military enthusiasm of De Ruyter, to vindicate the national honour of the republic! and may even admiral BSL- catch that enthusiasm, and be employed to ruin and destroy their eastern ports! Feeling as I do for the honour of your nation, how could Mr. Van de Perre suppose I could mean to infringe the liberties of your flag in the affair "I SENT forward last Saturday some packets of the brig Berkenbos? How could you, who and letters for you, which I hope got to hand know me, believe I could dirty my fingers in time: most heartily do I congratulate you with such a capture? or that the master's on the glorious news! (The capitulation of account he gave from St. Lucia was a true lord Cornwallis's army.) The infant Hercu- one? He gave me a clear certificate, under les in his cradle has now strangled his second his hand, that the property was British; and serpent, and gives hopes that his future his-that certificate was witnessed both by captain tory will be answerable. I enclose a packet which I have just received from general Washington, and which I suppose contains the articles of capitulation. It is a rare circumstance, and scarce to be met with in history, that in one war two armies should be taken prisoners completely, not a man in either escaping. It is another singular circumstance, that an expedition so complex, formed of armies of different nations, and of land and seaforces, should with such perfect concord be assembled from different places by land and water, form their junction punctually, without the least retard by cross accidents of wind or weather, or interruption from the enemy; and that the army which was their object should in the mean time have the goodness to quit a situation from whence it might have escaped, and place itself in another whence an escape was impossible.

"General Greene has done wonders too in Carolina. I hear that a reinforcement was to

decide whether his vessel was or was not a Conyngham and my clerk. Yet I did not prize; but I left him and his officers the command, and having given him the necessary assistance, advised him to steer for an American port, to which he freely consented. The man I put on board, was not, as he pretends, a prizemaster; nor had he any orders from me for that purpose: what would have been the consequence had she arrived in one of our ports, I cannot say. Possibly she might have been have had reason to thank me; as the cargo acquitted! and in that case the owners would would have been at the best market. I can justify my conduct; I did my duty both to the sel has been restored; but I am guiltless, and republic and the United States; I hope the vesJ. PAUL JONES." congress knows it.

"To Mrs. C. Edes.

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'PASSY, Dec. 13, 1781. 66 MADAM,-I return enclosed the letter

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