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would certainly be pleasing to congress; and should it become necessary to inform the people of this memorial, it could easily be done; they would be flattered by it, and it might probably beget the voice and concurrence of the public. I submit these thoughts to you early, and although peace appears yet to be distant, sir, by reasons of delays and difficulties attending the communication, that period will be a crisis when the partizans of France and England will openly appear, and when that power will employ every means to diminish our influence, and re-establish her own; it is true, the independent party will always stand in great want of our support, that the fears and jealousies which a remembrance of the former government will always produce, must operate as the safeguard to our alliance, and as a security for the attachment of the Americans to us. But it is best to be prepared for any discontents, although it should be but temporary. It is remarked by some, that as England has other fisheries besides Newfoundland, she may perhaps endeavor that the Americans should partake in that of the Great Bank, in order to conciliate their affection, or procure them some compensation, or create a subject of jealousy between them and us; but it does not seem likely that she will act so contrary to their true interest, and were she to do so, it will be for the better to have declared at an early period to the Americans, that their pretension is not founded, and that his majesty does not mean to support it.
I here inclose, sir, translations of the speech of the governor of South Carolina to the assembly, and of their answer. These interesting productions convey in a forcible manner the sentiments of the inhabitants of that state, and appeared to me worth communicating to you. I am, &c.
BARBE DE MARBOIS:
NO. 14, omitted.
Letter and representation of Congress to the King of France, November 22d, 1780.
Great, Faithful and Beloved Friend and Ally,-Persuaded of your majesty's friendship, and of your earnest desire to prosecute the war with glory and advantage to the alliance, we ought not to conceal from your majesty the embarrassments which have attended our national affairs, and rendered the last campaign unsuccessful.
A naval superiority in the American seas having enabled the enemy, in the midst of last winter, to divide their army, and extend the war in the southern states, Charleston was subdued before a sufficient force could be assembled for its relief.
With unabated ardor, and at a vast expense, we prepared for the succeeding campaign; a campaign from which, in a dependence on
the co-operation of the squadron and troops generously destined by your majesty for our assistance, we had formed the highest expectations. Again the enemy frustrated our measures. Your majesty's succors were confined within the harbor of Newport, while the main body of the British army took refuge in their fortresses, and under protection of their marine, declining to hazard a battle in the open field; and, regardless of their rank among civilized nations, they descended to wage a predatory war. Britons and savages united in sudden irruptions on our northern and western frontiers, and marked their progress with blood and desolation.
The acquisition of Charleston, with the advantages gained in Georgia, and the defeat of a small army composed chiefly of militia, which had been hastily collected to check their operations, encouraged the British commander in that quarter to penetrate through South Carolina into the interior parts of North Carolina. And the ordinary calamities of war were imbittered by implacable vengeance. They did not, however, long enjoy their triumph. Instead of being depressed, impending danger served only to rouse our citizens to correspondent exertions; and by a series of gallant and successful enterprises they compelled the enemy to retreat with precipitation and disgrace.
They seem however resolved, by all possible efforts, not only to retain their posts in Georgia and South Carolina, but to renew their attempts on North Carolina. To divert the reinforcements destined for those states, they are now executing an enterprise against the seacoast of Virginia; and from their preparations at New York, and intelligence from Europe, it is manifest that the four southern states will now become a principal object of their hostilities.
It is the voice of the people, and the resolution of congress, to prosecute the war with redoubled vigor, and to draw into the field a permanent and well appointed army of thirty five thousand regular troops. By this decisive effort, we trust that we shall be able, under the divine blessing, so effectually to co-operate with your majesty's marine and land forces, as to expel the common enemy from our country, and render the great object of the alliance perpetual. But to accomplish an enterprise of such magnitude, and so interesting to both nations, whatever may be our spirit and our exertions, we know that our internal resources must prove incompetent. The sincerity of this declaration will be manifest from a short review of our circumstances.
Unpracticed in military arts, and unprepared with the means of defense, we were suddenly invaded by a formidable and vindictive naWe supported the unequal conflict for years with very little foreign aid but what was derived from your majesty's generous friendship. Exertions uncommon, even among the most wealthy and best establishments, necessarily exhausted our finances, plunged us into debt, and anticipated our taxes; while the depredations of an active enemy by sea and land made deep impressions on our commerce and our productions. Thus encompassed with difficulties, in our representation to your majesty of June 15, 1779, we disclosed our wants,
and requested your majesty to furnish us with clothing, arms and ammunition for the last campaign, on the credit of the United States. We entertain a lively sense of your majesty's friendly disposition in enabling our ministers to procure a part of those supplies, of which, through unfortunate events, a very small proportion hath arrived. The sufferings of our army, from this disappointment, have been so severe that we must rely on your majesty's attention to our welfare for effectual assistance. The articles of the estimate transmitted to our minister are essential to our army; and we flatter ourselves that, through your majesty's interposition, they will be supplied.
At a time when we feel ourselves strongly impressed by the weight of past obligations, it is with the utmost reluctance that we yield to the emergency of our affairs in requesting additional favors. An unreserved confidence in your majesty, and a well-grounded assurance that we ask no more than is necessary to enable us effectually to cooperate with your majesty in terminating the war with glory and success, must be our justification.
It is well known that when the king of Great Britain found himself unable to subdue the populous states of North America by force, or to seduce them by art to relinquish the alliance with your majesty, he resolved to protract the war, in expectation that the loss of our commerce, and the derangement of our finances, must eventually compel us to submit to his domination. Apprised of the necessity of foreign aids of money to support us in a contest with a nation so rich and powerful, we have long since authorized our minister to borrow a sufficient sum in your majesty's dominions, and in Spain, and in Holland, on the credit of these United States.
We now view the prospect of a disappointment with the deeper concern, as the late misfortunes in the southern states, and the ravages of the northern and western frontiers have, in a very considerable degree, impaired our internal resources. From a full investigation of our circumstances it is msnifest, that in aid of our utmost exertions a foreign loan of specie, at least to the amount of twenty five millions of livres, will be indispensably necessary for a vigorous prosecution of the war. On an occasion in which the independence of these United States and your majesty's glory are so intimately connected, we are constrained to request your majesty effectually to support the applications of our ministers for that loan. So essential is it to the common cause, that we shall without it be pressed with wants and distresses, which may render all our efforts languid, precarious, and indecisive. Whether it shall please your majesty to stipulate for this necessary aid as our security, or to advance it from your royal coffers, we do hereby solemnly pledge the faith of these United States to indemnify, or reimburse your majesty, according to the nature of the case, both for principal and interest, in such manner as shall be agreed upon with our minister at your majesty's court.
We beseech the Supreme Disposer of events to keep your majesty in his holy protection, and long to continue to France the blessings
arising from the administration of a prince who nobly asserts the rights of mankind.
Done at Philadelphia, the 22d day of November, in the year of our
SAM'L HUNTINGTON, President.
Attest. CHARLES THOMSON, Secretary.
NO. 16, omitted.
In the formation of treaties of amity and commerce with the different nations of Europe, the ministers plenipotentiary of the United States, in May, 1784, were instructed to procure stipulations to the following effect.
1. That each party shall have a right to carry their own produce, manufactures, and merchandise, in their own bottoms to the ports of the other; and thence to take the produce and merchandise of the other, paying, in both cases, such duties only as are paid by the most favored nation, freely where it is freely granted to such nation, or paying the compensation, where such nation does the same.
2. That with the nations holding territorial possessions in America, a direct and similar intercourse be admitted between the United States and such possessions; or if this cannot be obtained, then a direct and a similar intercourse between the United States and certain free ports within such possessions; that if this neither can be obtained, permission be stipulated to bring from such possessions, in their own bottoms, the produce and merchandize thereof to these states directly; and for these states to carry in their own bottoms their produce and merchandise to such possessions directly.
3. That these United States be considered in all such treaties, and in every case arising under them, as one nation upon the principles of the federal constitution.
4. That it be proposed, though not indispensably required, that if war should hereafter arise between the two contracting parties, the merchants of either country, then residing in the other, shall be allowed to remain nine months to collect their debts and settle their affairs, and may depart freely, carrying off all their effects without molestation or hindrance; and all fishermen, all cultivators of the earth, and all artisans or manufacturers, unarmed and inhabiting unfortified towns, villages or places, who labor for the common subsistence and benefit of mankind, and peaceably following their respective employments, shall be allowed to continue the same, and shall not be molested by the armed force of the enemy, in whose power, by the events of war, they may happen to fall; but if any thing is necessary to be
taken from them for the use of such armed force, the same shall be paid for at a reasonable price; and all merchants and traders exchanging the products of different places, and thereby rendering the necessaries, conveniences, and comforts of human life more easy to obtain and more general, shall be allowed to pass free and unmolested; and neither of the contracting powers shall grant or issue any commission to any private armed vessels empowering them to take or destroy such trading ships, or interrupt such commerce.
5. And in case either of the contracting parties shall happen to be engaged in war with any other nation, it be further agreed, in order to prevent all the difficulties and misunderstandings that usually arise respecting the merchandise heretofore called contraband, such as arms, ammunition, and military stores of all kinds, that no such articles carrying by the ships or subjects of one of the parties to the enemies of the other, shall on any account, be deemed contraband, so as to induce confiscation and a loss of property to individuals. Nevertheless, it shall be lawful to stop such ships, and detain them for such length of time as the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding on their voyage, paying, however, a reasonable compensation for the loss such arrest shall occasion to the proprietors; and it shall further be allowed to use, in the service of the captors, the whole or any part of the military stores so detained, paying the owners the full value of the same to be ascertained by the current price at the place of its destination. But if the other contracting party will not consent to discontinue the confiscation of contraband goods, then that it be stipulated, that if the master of the vessel stopped will deliver out the goods charged to be contraband, he shall be admitted to do it, and the vessel shall not in that case be carried into any port, but shall be allowed to proceed on her voyage.
6. That in the same case, where either of the contracting parties shall happen to be engaged in war with any other power, all goods not contraband belonging to the subjects of that other power, and shipped in the bottoms of the party hereto, who is not engaged in the war, shall be entirely free. And that to ascertain what shall constitute the blockade of any place or port, it shall be understood to be in such predicament, when the assailing power shall have taken such a station as to expose to imminent danger any ship or ships that would attempt to sail in or out of the said port; and that no vessel of the party who is not engaged in the said war shall be stopped without a material and well grounded cause; and in such cases justice shall be done, and an indemnification given, without loss of time to the persons aggrieved and thus stopped without sufficient cause.
7. That no rights be stipulated for aliens to hold real property within these states, this being utterly inadmissible by their several laws and policy; but where on the death of any person holding real estate within the territories of one of the contracting parties, such real estate would by their laws descend on a subject or citizen of the