43. John Laurens to the President of Congress. Philadelphia, September 6th, 1781. Sir, in consequence of the desire of the committee of conference on the subject of my mission to France, I do myself the honor to communicate to Congress all the information I am possessed of relative to the present situation of Henry Laurens, [then close prisoner in the Tower of London] and the prospect of his enlargement or exchange. It appears from the letter of a gentleman in London,who had access to him under certain restrictions, that though the rigor of his confinement was in some degree abated, he still labored under several interdictions and restraints, as unprecedented as illiberal, and that the British Court still affected to consider him as amenable to their municipal laws, and maintained the idea of a future trial. After I had finished the general business with which Congress had charged me, I consulted the several Ministers at the Court of France upon the proper measures to be taken, when such a flagrant violation of the laws of nations had been offered in the person of a public Minister, and solicited their intervention and assistance. They all declared, that however anxious they were to restore to his country a citizen, so valuable by his services, they had not the least hope, that any benefit would be derived from their interference, the British Court being as little disposed to gratify the Court of France, as they were to gratify the United States; and the unanimous opinion of these gentlemen further was, that nothing would determine the British to pursue a reasonable conduct in the present case, but the most exact retaliation on the part of Congress. For this purpose they advised, that one or more British prisoners of sufficient note and importance to cause a sensation by their own complaints, or those of their friends, to their Court, should be held as security for the safety of Mr Laurens, and that their mode of confinement and treatment should invariably follow the rule of the conduct of the British government towards him. I have the honor to be, &c. JOHN LAURENS. The Hague, July 25th, 1780. Sir, The 21st of March last I had the honor to write your Excellency a long letter on my own concerns, of which I annex here an extract. 1 add here, that when I received the first commission of the committee on the part of Congress, dated in December, 1775, in which they honored me with their orders and credentials, I did not solicit to be employed: I did not even think of it. But chosen and named, by this respectable body, in a manner as unexpect ed as it was definite and authentic, to serve essentially the United States my ardent thoughts and life were consecrated with zeal to the cause of the United States. Persuaded that it was the cause of humanity, of liberty, and of virtue, I have sscriced every thing to this noble service, during nearly five years, with all possiblo zeal and fidelity. The Congress also testified to me soon after, that they were well satisfied with my services. I have corresponded assiduously since that time with the committee of Foreign Affairs, with the Plenipotentiaries of the United States at Paris, and with a number of other servants of America. I have raised up, cemented and nourished in Holland a considerable party in their favor, whereby I havo drawn upon myself the hatred of a party more powerful, which wishes to see mé perish, and which has already done me all the wrong and all the mischief of which it was capable. I have participated in the adverse fortune of America, in the just confidence that the United States and their Congress will have my interest at heart as I have constantly and successfully had theirs, and as their magnanimity, their dignity, and their honor require in the eyes of the European public. I have yet fully this confidence; and it is this which caused me to solicit, mora than a year since, in several of my letters to the Committee of Foreign Affairs, a formal confirmation of my agency on the part of Congress, for my safety and quiet. I beg, Sir, that you will second my request and obtain for me a resolution as favora ble as my demand is just. I know that some Americans, whom I honor in other respects, have entertained and propagated the idea, that a commission of the honorable Committee of Foreign Affairs was not so valid as one of Congress. One of them said so to me. I will not, Sir, give myself up to an idea so injurious, as to think, that Congress would refuse to ratify what their Committee has done, and the engagements it has made, but this body is not always composed of the same persons; it has many other affairs; it may forget me, and I may be cruelly supplanted, abandoned, and consequently at the age of sixty years, ruined with my family, without resources and without means. I put, then, my cause into the hands of your Excellency, to endeavor to obtain for me, as speedily as possible, the satisfaction I desire, and to send me the commission I solicit. The service of the United States requires it, and this will not interfere with the powers of Minister Plenipotentiary, who may be sent here; on the contrary, I shall be useful to him, if God spares my life. I have the honor to be, with respect, &c. DUMAS. 45. Robert R. Livingston to C. IV. F. Dumas. Impropriety of a foreign Envoy engaging in the parties of the country where he resides. Ex. Without date. Sir, I take the liberty to remind you, that your public character [of American political Agent] puts you in a delicate situation with respect to them [the Dutch Patriots], that as a foreign nation, whatever we may wish, we have no right to express those wishes, or in any way to interfere in the internal disputes of our allies; that our conduct should show, that we were the enemy of no party, except so far as their measures were inimical to us. You will not, Sir, consider this as a reproof, for I have not the smallest reason to believe that you have not made these reflections yourself, and acted conformably thereto. On the contrary, I rather conclude, that you have; from the long habit which you have been of conducting public affairs which require prudence and delicacy. I only mention it, therefore, as a caution which will not probably, but may possibly be necessary to one who is animated by the spirit of freedom, and may as a patriot be hurried beyond the limits we should prescribe to our ministers. I am &c. R. R. LIVINGSTON. 46. From Thomas Jefferson to John Jay. Recommends M. Dumas for a Diplomatic Situation." Extract. Paris, May 22, 1786. Sir, The duty has been imposed on me of making the following communication to Congress. It is necessary for me previously to observe, that though the government of the United Netherlands have both an ordinary and extraordinary Ambassador here, yet the patriotic party now decisively possessed of all the powers of government have sent hither a Rhingrave de Salm, as possessing plenary confidence, to treat with this Court on some matters not yet made known to the public. His character and credit accordingly are so well known here, that passing by the regular ambassadors, they are actually in negotiation with him. He took occasion to speak with me to-day, on the subject of Mr. Dumas: after saying much in his favor, he assured me that Congress could not oblige the patriotic party more, as by naming Dumas to their diplomatic appointment at the Hague; and further that should they have any thing interesting to do there, there was no other man, who could do it so effectually as Mr. Dumas. I wished to avoid flattering his expectations and there fore mentioned to him the resolution of Congress, confining their diplomatic appointments to the citizens of the United States. He seemed to admit they could not expect him to be made Minister Plenipotentiary, but asked if it would not be possible to give him the character of Resident. I told him we were in the usage of appointing only one character inferior to that of Minister Plenipotentiary which was that of Charge d'Affairs: that I was far from presuming to say, that could be obtained in the present case; but that one other difficulty occurred to me in that moment. I observed that they had a Minister Plenipotentiary with Congress; and that Congress naming for their Court only a Charge d'Affaires might perhaps be considered disrespectful, and might occasion the recall of their Minister. He assured me it would not; nay, that it should not. We are, continued he, but a party, and therefore cannot make a formal declaration on this subject, but we know how far we can undertake; and if you please, the members of our party shall go and make declaration privately, before the French ambassador at our Court, that nothing amiss shall be conceived of it, and that our Minister shall not be affected by it. I told him this would not be desired. He asked me if I thought Count de Vergennes writing a second letter on this subject would be of service? I told him I could not suppose a repetition of his application could be material. My object in avoiding a second letter from the Count de Vergennes, as well as the declaration before the French ambassador, was, that embarrassments might not be multiplied if Congress should not think proper to comply with their requests. He concluded by desiring I would urge this matter to Congress. It seems certain that Mr. Dumas has rendered himself very useful to the Governments of both France and Holland, in the late negotiations. It was natural, therefore, that these Governments should provide for him. I know not how it has happened that we are resorted to on the occasion, unless, perhaps, it is the particular wish of Mr. Dumas to receive this species of reward. Be this as it may, the reigning party in the United Netherlands, and the Gov ernment of this country, commit themselves on this application; and it becomes a matter of calculation, in which their favor, and the occasions we may have for it, are to be weighed against the sacrifices the present applications call for. To pronounce on this, would be beyond my province, which is merely that of being the channel of communication; this being desired in form, I supposed it my duty to comply with. I have the honor to be, &c. T. JEFFERSON. 47. Francis Dana to Robert R. Livingston. Interview with Count Ostermann, who declares that the Empress could not receive a Minis ter from the United States till the conclusion of the definitive treaty between the bellige rents, &c. St. Petersburg, April 25th, 1783. Sir, In consequence of my second letter to the Vice Chancellor, of the 21st instant, he sent me a verbal message with his compliments on the 23d in the morning, and desired to see me at four o'clock in the afternoon. I waited upon him accordingly, and had a conference with him upon the subject of my mission. He began by saying that he had received the letters I had done him the honor to write him; that her Majesty had been invited by the Courts of Versailles, Madrid, and London, to mediate in conjunction with the Emperor, at the conclusion of the definitive treaty of peace between them; that till those affairs were arranged, and the definitive treaty signed, her Majesty could not, consistent with her character of mediator, receive a Minister from America without the consent of those powers; that the treaty of America was provisional only, and dependent upon those arrangements; and though there was no doubt but they would take place, and that the definitive treaty would be concluded, yet, till that was done, her Majesty could not consider me in my character as the Minister of America. Here he made a long pause, as if waiting for an answer, but knowing that the whole had not yet come out, I made no attempts to reply. He then added, that he supposed my letter of credence bore date before the acknowledgment of the independence of America by the King of Great Britain, and asked me if that was not the fact. I told him that it must necessarily be so, as a sufficient time had not since elapsed to receive one from America. He then said, that when the above arrangements should be completed, if I should produce new letters of credence, bearing date since the King of Great Britain had acknowledged the independence of America, her Majesty would be very willing to receive me as the Minister of America, but that it would be incompatible with that exact neutrality, which her Majesty had hitherto observed, to do it before; that it would be irregular also for her Majesty to admit a Minister from a power, whose letter of credence bore date before she had acknowledged the independence of that power; that besides, no Minister had been received from America at the Court of Great Britain yet, and that I must be sensible it would not be consistent for her Majesty to receive one before the King of Great Britain had done it. Here he stopped again; and knowing that he had gone through his whole subject, which comprises these simple matters only, viz. 1st. That her Majesty could not, consistent with the character of a mediafor as above, receive a Minister from the United States, till the conclusion of the definitive treaty between France, Spain, and Great Britain; 2dly. That she could not do it even then, consistent with the laws of neutrality, while his letter of credence bore date prior to the acknowledgment of their independence by the King of Great Britain; 3dly. That she could not do it regularly, while his letter of credence bore date before she herself had acknowledged their independence; 4thly. That she could not do it consistently before a Minister had been received from the United States in Great Britain I desired him to favor me with a note containing the substance of his answer, as it was of great importance, and much in the affairs of this sort depended upon the very expressions; that with the fairest intentions, I might misrepresent some parts of it through forgetfulness, and that I would deliver him my observations upon it in writing for consideration, when the exact state of the matter would be known. Finding, as I had expected, that he declined this I began my reply with a preface of this sort: the answer, which your Excellency has given me on the part of her Imperial Majesty, is wholly unexpected, not only to myself, but to the United States. I cannot therefore, take upon me to say any thing upon it from instructions. I beg you would be pleased to consider whatever I may say as my private sentiments; whether they will accord with those of my Sovereign, I am not certain. At this great distance, I must use my best discretion in all such extraordinary cases. I have no design to oppose myself to her Majesty's pleasure, whatever that may be; but only to make some observations upon the answer, that if they are of any weight, they may be taken into consideration, as I have no doubt they will be. I would beg to take this occasion to express the high respect, which the United States entertain for her Imperial Majesty, and their sincere desire to cultivate her friendship; that they considered her as one of the first sovereigns of the world, and, in a manner, the great legislator of nations by her system of neutrality, which they had early highly applauded, and had made the principles of it the invariable rules of their conduct during the war; that, animated with sentiments of this kind, they wished to give some strong proofs of a distinguished attention and consideration for her Majesty's person and government. With this view, they had early named a Minister to reside near her, as a compliment to the Sovereign who presided over the Neutral Confederation with so much glory; that he might improve the earliest occasion to display his character, which the course of events should afford. From these dispositions, they were naturally led to expect, as they had intended, that her İmperial Majesty would be the first of the neutral powers, which should receive a Minister from them; that as to the objections, which had been made to my present reception, I begged leave to observe, that the present mediation differed from the former one, which had been tendered by their Imperial Majesties, in two essential respects, that that was tendered during the continuance of hostilites, and that there was a proposition in it, which materially concerned the United States, but in this there was no question relative to them; that their negotiations with Great Britain had been conducted apart from those of the other belligerent powers, and were brought to a happy conclusion. I here took up all the facts stated to him in my second letter of the 21st. inst. and enlarged upon them. I added to them, the bill pending before the House of Commons in the beginning of March, for regulating a commercial intercourse between Great Britain and America, as between States, in fact, and absolutely independent, and that the bill itself recited, that the King had concluded a peace with them, and expressly declared the vessels of their citizens should be admitted into all the ports of Great Britain, as the vessels of other independent States, that all were agreed to consider them as such. From these matters, I drew the same conclusion as is mentioned in that letter. This closed my observations upon the first article. As to the second, I went |