CHAPTER XVIII. "I THE AMERICAN PRISONERS. SEE by your newspapers," writes Franklin to Hartley during the summer of 1779," that Capt. Cunningham, one of our cruisers, is at length taken and carried prisoner into England, where it is proposed to try him as a pirate, on the pretence that he had no commission. As I am well acquainted with the fact, I can assure you that he really had a Congress commission. And I cannot believe that mere resentment, occasioned by this uncommon success, will attempt to sacrifice a brave man, who has always behaved as a generous enemy, - witness his treatment of his prisoners taken in the Harwich pacquet, and all afterwards that fell into his hands. I know I shall not offend you recommending him warmly to your protection." This was, of course, the famous Captain Gustavus Conyngham of the cutter" Revenge," from Dunkirk, whose proceedings had made such a noise for a time the year before, as will be remembered. He had cruised about, through the fall and winter, capturing some prizes and sending them where he could until the spring, when he was captured by the enemy and carried into New York as prisoner. The word "pirate" was applied to him, as may be remembered, by no less authorities than King George III., and Lord North, and indeed by very many of the English at this time. The charge could not be sustained against him, any better than could the charge of treason LETTER TO CONYNGHAM. 343 be maintained against all American sailors taken in arms against the English. Captured in arms against the English ships of war, Paul Jones was also called a pirate. That Conyngham had a commission in his first cruise cannot be doubted, although he unfortunately lost it at Dunkirk when put into prison there. And as the Americans were de facto belligerents, their commissions necessarily relieved their captains from the charge of piracy. As to whether the lugger which took the Harwich packet and the "Revenge" are to be regarded as public men-of-war or as privateers, there is some doubt. We find, however, in the Stevens Collection, the following sketch of a letter to Captain Conyngham: [No date.] SIR, The interest which the public has in the vessel you command, makes us regard her as a continental ship of war. Mr. Hodge and Mr. Ross have therefore no right to direct or control you, neither had Mr. Deane alone any right to dispose of the prizes you made, as Mnsr. Lagonese informs us he has done. You will give us an account for the future of your plans and proceedings; and the individuals who may be concerned in her, for we know not who they are, nor how far they have contributed, — will have their share when they prove their right. There seems little doubt, however, that private persons were concerned in the fitting out, particularly Mr. Deane and Mr. Hodge who was put into the Bastile for it. But at the time of Deane's recall, it seemed to be an unsettled question as to whether the private persons who were concerned in the enterprise, and who expected to share in the profits to accrue from the sale of prizes, did or did not provide any of the funds for the fitting out of the vessels. These were matters which were dark even when contemporary, and time has pushed them farther into obscurity. The question has little enough to do with Conyngham's position. Whether a naval officer or a privateersman, he had his Congress commission as his warrant, and probably was never in any serious danger of being tried for a pirate. However this may be, Conyngham could hardly have been worse treated, had he sailed on no commission but his own sweet will and flung out the Jolly Roger, like Ned Teach of Bristol in former days, instead of the new American flag. Franklin, on hearing of his imprisonment, at once wrote to Digges, as well as to his friend Hartley. PASSY, Augt 20, 1779. DEAR SIR, I hear Capt. Cunningham is confined in England a prisoner. I desire you would take care to supply him with necessaries, that a brave man may not suffer for want of assistance in his distress. I ordered payment of your bill, but it has not yet appeared. I am ever Your affectionate B. F. As the fall advanced, the news that Conyngham was taken became more widely known. Jonathan Nesbit and Franklin exchanged letters on the matter. L'ORIENT, Sept. 224, 1779. SIR, By the Brig "Retaliation," Capt. Kolloch, which left Philadelphia the 10th August, I have received letters informing me that Capt. G. Conyngham, late commander of the Cutter "Revenge," had the misfortune to be taken last spring by the "Galatea" and sent into New York, from whence he has been sent to England with a design to have him tryed for Piracy. They pretend to say that he took the Harwich Packet without having any commission, which LETTER TO NESBIT. 345 your excellency must know to be false, as I believe you were in Paris at the time that his Commission and orders were delivered him. The Commission under which he acted as Captn of the "Revenge" is dated, I apprehend, after the taking of the Harwich packet. It is on this circumstance, no doubt, that the charge of piracy is founded. His first commission was taken from him in Dunkirk after he was put in gaol, and sent up to Paris, and I think was lodged in the hands of Mons' le Comte de Vergennes. I have to request that your Excellency will do everything in your power to prevent this poor fellow from suffering. Considering the smallness of his vessel and the difficulty he labored under when he first left France, he has done a great deal for the service of his country. He has done so much harm to the enemy that he can expect no mercy at their hands, and if they can find any pretence whatever, they will certainly destroy him. Capt. Kolloch informs me that he was sent home in irons. I should certainly have heard from him was he not already confined. I once more take the liberty to recommend the unhappy man's case to your excellency's particular attention. I have the honor to be wth great respect, JONATHAN NESBIT. To Mr. Nesbit. PASSY, Sept. 29, 1779. SIR, Capt. Conyngham has not been neglected. As soon as I heard of his arrival in England, I wrote to a friend to furnish him with what money he might want, and to assure him that he had never acted without a commission. I have been made to understand in answer that there 1 Nesbit is here wrong. The first commission was dated March 1, 1777, the second May 2 of the same year. The Harwich packet was taken on May 7. COOPER'S Naval History, i. 114, 115. is no intention to prosecute him, and that he was accordingly removed from Pendennis Castle and put among the common prisoners at Plymouth, to take his turn for exchange. The Congress, hearing of the threats to sacrifice him, put 3 officers in close confinement to abide his fate, and acquainted Sir George Collier with their determination, who probably wrote to the British Ministers. I thank you for informing me what became of his first commission. I suppose I can now easily recover it, to produce on occasion. Probably the date of that taken with him, being posterior to his capture of the pacquet, made the enemy think they had an advantage against him. But when the English government have encouraged our sailors intrusted with our vessels to betray that trust, run away with the vessels, and bring them into English ports, giving such traitors the value as if good and lawful prizes, it was foolish imprudence in the English commodore to talk of hanging one of our captains for taking a prize without commission. I have the honour to be, with great esteem, sir, So also did Thomas Wharton write to urge that something be done for Conyngham, and to him as well did. Franklin write that the Captain's interests were being attended to. This was toward the end of September. October passed and nothing was heard from the prisoner, save occasional notice in letters from Hartley and Digges, until toward the middle of November, when Franklin began to hear rumors and accounts, which were soon confirmed by a letter from the worthy and gallant Captain himself. AMSTERDAM, Nov. 18,th 1779. DR SIR,I have the pleasure to inform you that on the 3d instant, with about 50 of our unfortunate |